Unfair Criticism of the Day: ABC News on the Hague Child Abduction Convention

The Australian Broadcasting Corporation published a story last week on the Hague Child Abduction Convention. The headline gives a sense of the gist of the story: “Mothers forced to stay in same country as abuser or risk persecution under the Hague Convention.” The Convention, according to one quoted expert, is a “good law gone bad.”

What’s the problem? According to the story, Australian immigration law provides that foreign women who marry Australian men and then leave them “may not be entitled to government support in Australia.” So they may want to return to their own countries, where they may be entitled to support; but if they take their children with them, the husband may have the right, under the Convention, to require the mother and children to return to Australia. The article also points out that it can be difficult for woman whose husband is abusing her to show that the abuse poses a grave risk of harm to their child, which is one of the grounds for resisting an application for return of a child under the Convention. (more…)

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