International Child Abduction and Domestic Violence
ECHR Says Hague Rulings Must Consider Child's Best Interests
The European Court of Human Rights ruled in the case of NEULINGER AND SHURUK v. SWITZERLAND that the best interest standard applies to decisions on return of a child and that full consideration must be given to the merits of claims that the child will be at risk under Article 13(b) of the Convention. This decision is persuasive authority for countries around the world because the Court has argued that international human rights standards arising from the Convention on the Rights of the Child, the Declaration of the Rights of the Child and regional human rights instruments require that when risk is assessed under Article 13(b) reference to 'best interest of children' means that the interest of an individual child before the court must be taken into account and be paramount.Hague Leader Supports Child's Domestic Violence Exposure as a Grave Risk
William Duncan, the deputy secretary-general of the Permanent Bureau of the Hague Conference on Private International Law, stated in an editorial on Japan's Asahi Shimbun English language website on 22 June 2010 that "Should there be evidence of serious domestic violence being committed in the presence of a child against the child's mother, for example, the presiding judge will most likely rule against sending the child back to his or her father, unless he can be assured that the return of the child can take place under safe conditions." Read full editorial in Asahi Shimbun.SAVE THE DATE: Friday, December 10, 2010, from 2pm to 4pm Central.
The HagueDV Project will offer a national webcast on Human Rights Day 2010 of a theatrical and learning event on Hague Convention cases involving domestic violence live from the Guthrie Theatre in Minneapolis. Registration details will be posted in the near future. CLE and CEU credits available.HagueDV Project presentation in Tokyo, Japan
Jeffrey Edleson and Sudha Shetty will present the findings from our NIJ funded research project in Tokyo, Japan, on July 22nd. See flyer for more detailsProviding Assistance to Individuals Involved in Hague Convention Cases
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that requires countries to work together to quickly return an abducted child back to his or her home country. Although the treaty was created to protect children, the results are often the opposite when domestic violence is involved. The Hague Domestic Violence Project focuses on providing a comprehensive resource to assist individuals involved in a Hague Convention case where domestic violence is an issue.
Hague Convention Cases are Time and Fact Sensitive
Whether you are a woman seeking safety, an attorney facing your first Hague Convention case, a judge hearing a Hague Convention case for the first time, or an advocate seeking to assist a battered woman and her children, you are likely facing strict deadlines and confusion about what steps you need to take. This site is meant to help guide you through the system.
- For domestic violence victims, we provide resources to assist you in obtaining legal aid and other forms of assistance.
- For attorneys, we have compiled databases with cases, legal briefs and other useful documentation to assist you in preparing for court hearings.
- For judges, we have created bench guides and provide access to our case database to assist you in presiding over Hague Convention disputes.
- For advocates for battered women, we are compiling expert testimony and other useful resources to guide you in providing aid to victims.
Meet the Members of the Hague Domestic Violence Project
We are a team of individuals from various professional backgrounds who are dedicated to creating a comprehensive resource that will enable mothers, attorneys, judges and advocates for battered women to better prepare themselves for Hague Convention cases in the United States' legal system. To learn more about our dedicated team, visit our page on Our Staff and Volunteers.
We are Always Looking for Ways to Better Help You
We at The Hague Domestic Violence Project are constantly updating this Web site to provide you with the information you need to handle your situation effectively and efficiently. If you cannot find what you are looking for on this site, please let us know. We are continuously looking for more information and ways to improve this site.
Why this Project?
We are a team of individuals from various professional backgrounds who are dedicated to creating a comprehensive resource that will enable mothers, advocates for battered women, attorneys and judges to better prepare themselves for Hague Convention cases in the United States' legal system.
