Abstract
The focus of the article is on the intersection between domestic violence and parental child abduction, in particular, the interpretation of the Article 13(1)(b) ‘grave risk of harm’ defence in cases involving allegations of domestic violence by the abducting mother against the left-behind father, and on the protection of such abducting mothers in return proceedings. The content of the article is divided into two substantive parts. The first part explores the courts’ approach to the grave risk of harm exception to return in circumstances where allegations of domestic violence have been raised. The second part of the article examines the courts’ approach to protective measures, including undertakings, in child abduction cases involving allegations of domestic violence. The article engages extensively with the work of the Hague Conference on Private International Law and the EU in the area of international parental child abduction, as inter alia, it explores the problem of effectiveness of protective measures with reference to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children and the Regulation 606/2013 on mutual recognition of protection measures in civil matters.
| Original language | English |
|---|---|
| Article number | ebab001 |
| Number of pages | 19 |
| Journal | International Journal of Law, Policy and The Family |
| Volume | 35 |
| Issue number | 1 |
| Early online date | 23 Apr 2021 |
| DOIs | |
| Publication status | Published - 23 Apr 2021 |
Bibliographical note
This article was written under the auspices of the POAM project which received funding from the European Union's Rights, Equality and Citizenship Programme 2014-2020 under grant agreement No 810373”. This has now been added to the paper online
Access to Document
- Trimmings_etal_IJLPTF_Intersecntion_Between_Domestic_AAM
This is a pre-copyedited, author-produced version of an article accepted for publication in International Journal Of Law, Policy And The Family following peer review. The version of record [insert complete citation information here] is available online at: https://doi.org/10.1093/lawfam/ebab001
- Trimmings_etal_IJLPF_Intersection_Between_Domestic_VoR
© The Author(s) 2021. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.