Author: the hague papers
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IN MEMORIAM: Following a Hague return order killed her
Cassandra Hasanovic was convinced she was going to die at the hands of her husband but her pleas for help in two continents fell on deaf ears. “She was devastated when under the Hague Convention she was ordered to return the boys to England,” her mother broke down.
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Mexico reckons domestic violence as a grave risk exception for Hague Convention
2023. The Supreme Court of Mexico established that the “grave risk” exception not only applies when the child is a direct victim of harm, but also as a witness to violence within the family.
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Colombia: International child returns must be decided with gender lens, considering VAW, says Constitutional Court
2023. Colombia’s highest court determined that “the 1980 Hague Convention cannot be reduced to a mere syllogistic in formal compliance to its provisions…”
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Chile violated the rights of a boy ordered to return to Spain under Hague Convention, the UN Child Rights Committee found
2022. The UN Child Rights Committee issued its landmark decision after considering a complaint filed by a Chilean mother who had left Spain with her son for his autism.
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British mom hasn’t seen her kids in 10 years due to Hague Convention misuse
February 17, 2024. Their father filed a Hague Convention claim against her. Now, she runs a charity to warn parents about the risks of moving overseas and finding themselves “stuck” there.
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Treaty created to stop child abductions could now be protecting abusers
2020. The 1980 Hague Convention n.º 28 was created to protect children from abductions, but abusers can use it to regain custody of the children and power over their victims. Almost 50 years later, there’s a noticeable shift in cases’ patterns.
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No exception – how the Hague Convention fails women fleeing domestic violence
2023. Each year, over 2,000 parents invoke the Hague Convention on International Child Abduction to force their children’s return to their “habitual residence”. But mothers are who mostly flee with their kids, many due to domestic violence.
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Irish Court rules a dual-citizenship girl to be returned to Ukraine despite the war
2023. The High Court has ruled that a young Ukrainian-Irish girl, brought to Ireland by her mother following the outbreak of the war against Russia, should be returned to her native country under the 1980 Hague Convention.
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Children forcibly returned to abusive settings under Hague Convention
2022. The 1980 Hague Convention on the Civil Aspects of International Child Abduction requires the rapid return of children who are considered to have been “wrongfully taken” from their country of habitual residence.
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The struggle of migrant mothers escaping abuse: confronting the Hague Convention
January 31, 2024. In a tough situation, migrant moms fleeing domestic violence face international child abduction charges. Courageous stories address the challenges of abuse and a complex legal fight.
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