By Michael T. Moran

The Hague Convention on the Civil Aspects of International Child Abduction was ratified and implemented by numerous Contracting States without providing an exception for victims fleeing their households as a result of domestic violence. Moreover, the Convention’s exceptions have been narrowly construed and typically prevent the child’s return to the original country of residence only if domestic violence was perpetrated against the child. However, in light of the rising number of mothers absconding from the marital home with their children to foreign jurisdictions to avoid further domestic violence against herself or her children, the Convention should be interpreted to afford respondents more opportunity to proffer evidence of domestic abuse in front of the Convention court.

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