Peer-reviewed article
Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention
Marilyn Freeman, Nicola Taylor ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This article examines how the 1980 Hague Child Abduction Convention addresses domestic violence and child participation in custody disputes. It reviews how 101 Contracting States handle these issues and discusses the children's objections exception. The article calls for training of family justice professionals to make the Convention more child-centric and proposes developing child-friendly versions of the Convention.
Key points
- The article identifies domestic violence and child participation as two contemporary challenges for the 1980 Hague Child Abduction Convention
- 101 Contracting States vary in how they address domestic violence and child participation within the Convention framework
- The children's objections exception is a key mechanism discussed for incorporating child voice
- Training of family justice professionals is identified as essential to ensure child-centric implementation of the Convention
- A child-friendly version of the Convention is being developed by The International Association of Child Law Researchers
Limitations
This is a legal and policy analysis article rather than an empirical study, so it does not provide evidence of outcomes or impacts on children's well-being from any intervention. It examines the framework and challenges without evaluating specific interventions or measuring child outcomes.
Abstract
This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children’s objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact for 1980 Hague Convention abduction proceedings of the UK having left the European Union at 23.00 GMT on 31 January 2020 is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it ‘fit for purpose’.