Being 'Hagued': How weaponising the Hague Convention harms women, family and domestic violence survivors

, Rathus, Zoe, Flood, John, & (2022) Being 'Hagued': How weaponising the Hague Convention harms women, family and domestic violence survivors. QUT Centre for Justice Briefing Papers, 25, May 2022. [Article]

Description

This paper examines the experiences of women who have been ‘Hagued’: forced, through a court-facilitated process enabled by the Hague Convention on the Civil Aspects of International Child Abduction, to return children taken unlawfully across international borders. It considers how the convention, which lacks specific mechanisms to account for family and domestic violence, is weaponised against women fleeing such violence. It identifies three types of harm: further intimidation and abuse by an ex-partner through contact necessitated by court proceedings; punishment through a court system that positions the woman as a ‘child abductor’ and may engender adverse custody arrangements; and homelessness caused by lack of support structures, income and financial independence. Finally, it suggests improvements to reduce or avoid this harm.

Impact and interest:

1 citations in Web of Science®
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ID Code: 232450
Item Type: Contribution to Newspaper, Magazine or Website (Article)
Refereed: No
Measurements or Duration: 4 pages
Additional URLs:
Keywords: IARE
DOI: 10.5204/book.eprints.232450
ISSN: 2652-5828
Pure ID: 111105082
Divisions: Current > Research Centres > Centre for Justice
Current > QUT Faculties and Divisions > Faculty of Business & Law
Current > Schools > School of Law
Current > QUT Faculties and Divisions > Faculty of Creative Industries, Education & Social Justice
Current > Schools > School of Justice
Copyright Owner: Consult author(s) regarding copyright matters
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Deposited On: 09 Jun 2022 00:45
Last Modified: 15 Jul 2024 22:31