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Ameliorative Measures gut the Grave Risk exception under the Hague Convention
An article for the New York Law Journal which argues that ‘ameliorative measures’ do not protect children facing ‘grave risk of harm’ upon return to home country under the Hague Convention and consideration of such measures should be eliminated by the U.S. Supreme Court.
Institutional Violence against Users of the Family Law Courts
A study of family court-enabled abuse in Spain and the presentation of a new ‘Legal Harassment Scale’ to detect and measure this form of violence.
Miguel Clemente et al: Frontiers in Psychology.
Inside Kelly Rutherford’s Brutal, Globe-Spanning Custody Battle
The story of how American actress Kelly Rutherford’s US-born children were sent to live with their German father, and her failed attempt to bring them home. Also mentions Sarah Kurtz whose children (one of whom was born in the US and was still breastfeeding) were sent to live in Sweden.
Vanity Fair, 8 October 2015
Domestic Violence, children’s agency and mother-child relationships: towards a more advanced model.
The author argues that childrens’ agency and the bilateral nature of the parent-child / mother-child relationship needs to be acknowledged, specifically in a domestic violence situation.
Emma Katz in Children & Society, vol 29 (no 1)
The Hague Abduction Convention: a critical analysis
The 1980 Hague Convention was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the success of this Convention – which has now been ratified by more than 102 states – lie personal tragedies, academic controversy and diplomatic tensions. This book brings together all these strands to provide an in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child.
Battered Women, Their Children, and International Law: The Unintended Consequences of the Hague Child Abduction Convention
Ending a bad personal relationship is extremely complicated when the relationship is transnational. Women whose partners are abusive often turn to family members for assistance. When this means leaving one nation for another with one’s children, Hague Convention (1980) international treaties come into play. All too often, the mother is charged with child abduction and forced to return the children to an abusive father. Drawing on a series of true-life stories, the authors reveal important dimensions of domestic law, interpretations of children’s best interests, and the legal rationales required to ensure safety for battered women and their children across international boundaries.
Awarding Custody: Childrens’ Interests and the Fathers’ Rights Movement
The movement for fathers’ rights asserts that an explicit recognition of parental rights should replace what is in the children’s best interests, and further that this should lead us to favour split custody arrangements