Woman force to return children to abusive husband overseas

[psionl0]

The Hague convention provides that children who are taken overseas without consent must be returned. It is designed to stop abusive husbands kidnapping their children and fleeing. But we are seeing cases where abusive husbands are weaponizing the Hague convention and using it to prevent their victims from leaving.

This case involves an Australian woman who moved overseas with her husband and children because of his job. However, because of the abuse she was receiving, she took her children back to Australia with her. She also got a violence restraining order against her husband.

Now an Australian court has ordered the return of her children to her abusive husband overseas. The fact that a violence restraining order exists against her husband is irrelevant under the Hague convention (even though the Hague convention provides a possible exception where such a return could harm the child). Australia's Attorney General has refused to get involved - apparently fearing violating the Hague convention.

I can't find details of this specific case (though there are other similar cases) but there is a video from 7 News which provides a (sensationalized) report of the case.
https://7news.com.au/video/news/aus...en-amid-global-custody-fight-bc-6352833955112

 

[Darat]

The Hague convention provides that children who are taken overseas without consent must be returned. It is designed to stop abusive husbands parent's without the legal right kidnapping their children and fleeing. ...snip...

FTFY

ETA: With that out of the way the question is whether the parent who took the child had the legal right to do so. In this case it looks like the mother didn't have the right.

 

[Roboramma]

FTFY

ETA: With that out of the way the question is whether the parent who took the child had the legal right to do so. In this case it looks like the mother didn't have the right.

Yeah. I think I can see the issue as "we need an easier legal pathway for women who are being abused to get sole custody of their children", or even "there ought to be an opportunity to establish sole custody after-the-fact for women fleeing from abusive husbands if they can supply evidence of that abuse".

 

[psionl0]

FTFY

ETA: With that out of the way the question is whether the parent who took the child had the legal right to do so. In this case it looks like the mother didn't have the right.

I'm glad that you posted that. Had I posted anything remotely like this then the whole forum would descend on me like a rabid pack of jackals for being misogynist.

 

[theprestige]

One parent absconding with the children is never going to be an easy or simple case to regulate.