Implementing abduction treaty in Japan no piece of cake - will violence issues devour it?

International Family Law News & Analysis: Implementing abduction treaty in Japan no piece of cake - will violence issues devour it?. A very thoughtful and insightful article from Prof. Colin P. A. Jones of Doshisha University Law School.

One issue he discusses is domestic violence claims in Hague Convention cases. But those have not even been raised as an issue in 99% of the Hague Convention cases I have handled or know of.  Second, the Convention already has exceptions for situations where return would mean a grave risk of physical or psychological harm to the child. Case law varies on whether this exception applies to cases of spousal abuse. But even when there are abuse allegations, the Convention lets the court  send the child back to the home country with the abductor instead of the petitioner.  So it is a doubly rare case in which return to the home country, by itself, would endanger the child or the abducting parent.

Comments

[Acomplia Online]

Hello. Good article )