Tag: international child restitution
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“Children are people, not things”: historic decision over a Hague case (Brazil x Colombia)
August 27, 2024. Against all odds, the Brazilian highest court revoked the return of three brothers to Colombia, as ordered by three courts before. Mother and lawyer spoke to the hague papers.
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Breaking news: Brazil declares domestic violence an exception to repatriation under the Hague Convention
August 23, 2024. It’s the fifth country to make it official and public after Uruguay, Australia, Mexico and Colombia, respectively.
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Exclusive: Chilean mother speaks for the first time in hiding since UN epic decision has had no effect [series]
July 18, 2024. A UN decision to protect a Chilean-Spanish boy with autism from being ‘hagued’ has been silenced for two years in Chile and beyond.
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This is how the 1980 Hague Convention fails the UN Convention on the Rights of the Child [series]
July 18, 2024. The treaty on international child abduction rules 103 countries and is in the midst of an expansion campaign throughout Africa…
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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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Abducting mothers or how the Hague Convention undermines child protection
2023. The 1980 Hague Convention on International Child Abduction provides for the prompt return of a child taken from his or her country of origin by a parent regardless of context.
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Colombia: International child restitutions 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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What Australia’s new law means for Hague Convention cases
2022. The convention became a way for men to maintain control and prevent women and children from fleeing domestic and child abuse. Is it an opportunity for Australia to establish itself as a global champion and a safe haven for mothers and the kids who have been victims?
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Getting ‘hagued’: how one international law enables intimate partner violence
February 28, 2024. In the last decade, an estimated 15,000 mothers worldwide have been accused of abducting their own children. They are foreigners trying to relocate back home, but their kids’ father wouldn’t let them.
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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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The 1980 Hague Convention, a human rights contravention?
2023. Maria had to leave, and not only did Maria. In the past 10 years, at least 15,000 expat mothers have been accused of kidnapping their own children. Nowadays, they are about 2,000 per year, 6 per day. One every 4 hours. That’s 75% of international child abductions.
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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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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.