Domestic Violence and Parental Child Abduction: The Protection of Abducting Mothers in Return Proceedings

This book examines the protection of abducting mothers who have been subject to return proceedings under the 1980 Hague Abduction Convention and the Brussels IIa Regulation in circumstances where the child abduction has been motivated by acts of domestic violence from the left-behind father. It explores the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order and how protection measures can be used to protect abducting mothers. The book is the culmination of the POAM project, a collaborative research project conducted between 2019 and 2021, and offers a Best Practice Guide for the application of these instruments in child abduction cases committed against the background of domestic violence.

Format: Paperback / softback
Length: 250 pages
Publication date: 29 July 2022
Publisher: Intersentia Ltd

This book delves into the critical issue of protecting abducting mothers who have faced return proceedings under the 1980 Hague Abduction Convention and the Brussels IIa Regulation, particularly in cases where the child abduction is driven by acts of domestic violence perpetrated by the left-behind father. Within this context, the book explores the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order. It examines how these instruments can be utilized to safeguard abducting mothers and provide them with the necessary protection measures.

While both instruments allow for the cross-border circulation of protection measures, they have received limited attention in practice thus far. This book aims to bridge that gap by presenting and analyzing the findings of the POAM (Protection of Abducting Mothers in Return Proceedings) project, a collaborative research initiative conducted between 2019 and 2021. The project involved contributions from project partners as well as esteemed experts in the field.

Furthermore, the book offers a comprehensive Best Practice Guide specifically designed to assist practitioners in applying Regulation 606/2013 and Directive 2011/99/EU in child abduction cases involving domestic violence. This guide provides practical guidance and insights to judges, legal professionals, and other professionals engaged in addressing this complex issue.

Domestic Violence and Parental Child Abduction offers a unique perspective on the problem of international parental child abductions fueled by domestic violence. Its practical focus makes it appealing not only to academic audiences but also to judges, legal practitioners, and other professionals involved in handling parental child abduction cases. By addressing the challenges posed by domestic violence and providing effective protection measures, this book contributes to the ongoing efforts to safeguard the rights and well-being of abducting mothers and their children.

Weight: 500g
Dimension: 229 x 152 (mm)
ISBN-13: 9781839702457