Battered Women, Their Children, and International Law: The Unintended Consequences of the Hague Child Abduction Convention

Title Page, Copyright, Dedication

Battered Women, Their Children, and International Law The Northeastern Series on Gender, Crime, and Law Editor: Claire Renzetti For a complete list of books available in this series, please visit www.upne.com Taryn Lindhorst and Jeffrey L. Edleson, Battered Women, Their Children, and International Law: The Unintended Consequences of the Hague Child Abduction Convention Edward W. Gondolf, The Future of Batterer Programs: Reassessing Evidence-Based Practice Jessica P. Hodge, Gendered Hate: Exploring Gender in Hate Crime Law Molly Dragiewicz, Equality with a Vengeance: Men’s Rights Groups, Battered Women, and Antifeminist Backlash Mary Lay Schuster and Amy D. Propen, Victim Advocacy in the Courtroom: Persuasive Practices in Domestic Violence and Child Protection Cases Jana L. Jasinski, Jennifer K. Wesely, James D. Wright, and Elizabeth E. Mustaine, Hard Lives, Mean Streets: Violence in the Lives of Homeless Women Merry Morash, Women on Probation and Parole: A Feminist Critique of Community Programs and Services Drew Humphries, Women, Violence, and the Media: Readings in Feminist Criminology Gail A. Caputo, Out in the Storm: Drug-Addicted Women Living as Shoplifters and Sex Workers Michael P. Johnson, A Typology of Domestic Violence: Intimate Terrorism, Violent Resistance, and Situational Couple Violence Susan L. Miller, editor, Criminal Justice Research and Practice: Diverse Voices from the Field Jody Raphael, Freeing Tammy: Women, Drugs, and Incarceration Kathleen J. Ferraro, Neither Angels nor Demons: Women, Crime, and Victimization Michelle L. Meloy, Sex Offenses and the Men Who Commit Them: An Assessment of Sex Offenders on Probation Amy Neustein and Michael Lesher, From Madness to Mutiny: Why Mothers Are Running from the Family Courts—and What Can Be Done about It Jody Raphael, Listening to Olivia: Violence, Poverty, and Prostitution Cynthia Siemsen, Emotional Trials: Moral Dilemmas of Women Criminal Defense Attorneys Lori B. Girshick, Woman-to-Woman Sexual Violence: Stories of Women in Prison Karlene Faith, The Long Prison Journey of Leslie van Houten: Life Beyond the Cult Jody Raphael, Saving Bernice: Battered Women, Welfare, and Poverty Neil Websdale, Policing the Poor: From Slave Plantation to Public Housing Lori B. Girshick, No Safe Haven: Stories of Women in Prison Sandy Cook and Susanne Davies, editors, Harsh Punishment: International Experiences of Women’s Imprisonment The Unintended Consequences of the Hague Child Abduction Convention Battered Women, Their Children, and International Law Taryn Lindhorst Jeffrey L. Edleson Northeastern University Press B o s t o n Northeastern University Press An imprint of University Press of New England www.upne.com© 2012 Northeastern University All rights reserved Manufactured in the United States of America Typeset in Minion by Integrated Publishing Solutions University Press of New England is a member of the Green Press Initiative. The paper used in this book meets their minimum requirement for recycled paper. For permission to reproduce any of the material in this book, contact Permissions, University Press of New England, One Court Street, Suite 250, Lebanon NH 03766; or visit www.upne.com Portions of chapter 7 appeared previously in W. Vesneski, T. Lindhorst, and J. Edleson, “U.S. Judicial Implementation of the Hague Convention in Cases Alleging Domestic Violence,” Juvenile and Family Court Journal 62 (2011), 1–21. The citation for the full report prepared for the National Institute of Justice, on which this book is based, is: J. L. Edleson and T. Lindhorst, Multiple Perspectives on Battered Mothers and Their Children Fleeing to the United States for Safety: A Study of Hague Convention Cases (Washington, D.C.: National Institute of Justice, 2010) (NCJRS Document No. 232624). Library of Congress Cataloging-in-Publication Data Lindhorst, Taryn. Battered women, their children, and international law: the unintended consequences of the Hague Child Abduction Convention / Taryn Lindhorst and Jeffrey L. Edleson. p. cm.—(Northeastern series on gender, crime, and law) Includes bibliographical references and index. isbn 978-1-55553-802-6 (cloth: alk. paper)—isbn 978-1-55553-803-3 (pbk.: alk. paper)—isbn 978-1-55553-804-0 (ebook: alk. paper) 1. Convention on the Civil Aspects of International Child Abduction (1980) 2. Parental kidnapping. 3. Abused women. 4. Family violence. 5. Custody of children. I. Edleson, Jeffrey L. II. Title. k707.l56 2012 344.03928297—dc23 2012023809 5 4 3 2 1 To Cindy, Maya and Cheryl—family in the truest sense of the word. And to Sudha—visionary, steadfast advocate, and partner extraordinaire. ...