Dislocated Lives: The experience of women survivors of family and domestic violence after being 'Hagued'
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Description
This article reports on interviews with ten women who had experienced the legal process of the 1980 Convention on the Civil Aspects of International Child Abduction (the ‘Hague Convention’ or the ‘Convention’). We refer to that experience as being ‘Hagued’. All the women were subjected to a Hague return order after fleeing family and domestic violence perpetrated by their previous partner, because they fled with their children across international borders. Subsequently, all women were ordered to return their children to the country where their abusive previous partner lived. Nine out of the ten women also returned with their children. On return the women experienced further harms: they were vulnerable to, further intimidation and controlling behaviour from previous partners; they became homeless; and they felt punished in ordered from returning country’s courts through reduced contact and custody arrangements. The article concludes by suggesting if the Convention, the domestic implementation laws and ultimately the courts assessing return applications, placed greater emphasis and understanding on family and domestic violence, then the women interviewed probably would not have been ordered to return their children and they would not have experienced further post-Hague harm.
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ID Code: | 234996 |
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Item Type: | Contribution to Journal (Journal Article) |
Refereed: | Yes |
Measurements or Duration: | 22 pages |
Keywords: | The Hague Child Abduction Convention, international child abduction, family and domestic violence, post-separation violence, post-separation homelessness, women's stories, IARE |
DOI: | 10.1080/09649069.2022.2102765 |
ISSN: | 0964-9069 |
Pure ID: | 114854788 |
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 |
Funding Information: | The authors are deeply grateful to the women who participated in the study to share and discuss their private and personal experiences of post-Hague abuse. |
Copyright Owner: | 2022 Informa UK Limited, trading as Taylor & Francis Group |
Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au |
Deposited On: | 31 Aug 2022 02:00 |
Last Modified: | 23 May 2024 19:51 |
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