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

Index

Index 251 Abbott v. Abbott (2010), 7n4, 20–21 Abramsky, T., 34 abusive spouse/parent. See child maltreatment ; domestic violence; left-behind parent acquiescence vs. consent in exception to return, 177 Antonio v. Bello (2004), 188 Appadurai, Arjun, 16 arranged visit to US with intent of staying, 79–80 asylum path to escape from domestic violence, 87–88, 93, 99–100 attorney’s role in Hague petition cases. See lawyering in Hague petition litigation Bakan, A. B., 19–20 Baran v. Beaty (2007), 182 battered women: family support for, 48, 76, 89, 91, 98; Hague Convention’s lack of recognition for, 8; paradox of leaving for, 3–6, 22–23; resources for immediate assistance, 207–10; structural biases against welfare of, 67–69, 73–74, 190. See also gender inequality and patriarchy; taking parent battering, defined, 29 Beaumont, P. R., 146, 147 Beeman, S. K., 107 behavioral effects of domestic violence exposure for children, 108–9. See also psychological effects on child Blomquist, M., 105, 106 Blondin v. Dubois (2001), 182 Catellier, D. J., 117 CEDAW (Convention on the Elimination of All Forms of Discrimination against Women), 19 Chiacone, J., 106 child abduction: child’s perspective on situation, 202; criminal kidnapping charges as result of, 7, 96, 127, 128–29, 130–31; domestic violence relationship to, 1–2, 5, 82, 104–6; effects on children, 101–3; effects on left-behind parents, 103–4; Hague Convention’s focus on, 12, 56; rate of, 9–10. See also survival strategy vs. child abduction child maltreatment: co-occurrence with violence between parents, 108; importance in judicial refusal of return, 29, 121, 126, 178–80; by left-behind parent after Hague petition success, 136–37, 144; and rebuttal presumption statute, 110; sexual abuse, 179–80; study participants ’ experience with, 112, 113–15 Page numbers in italics indicate tables or figures 252 | Index children: characteristics of returned vs. remained, 185; Hague Convention’s focus on welfare of, 2, 14–15; judicial comity among nations as trumping welfare of, 135, 152–54; need for research on Hague petition effects, 202; right to object to return, 177; trauma of removal from mother prior to Hague petition decision, 122. See also child abduction; child maltreatment ; exposure to domestic violence; return of child to habitual residence citizenship: country of as target refuge for taking parent, 8; habitual residence as trumping, 7, 56; and institutional support in other country, 76; mothers vs. fathers in Hague petition cases, 174–75; and moving to other country, 57n1; overview, 19–20. See also immigration status in other country civil cases, Hague Convention cases in US as, 8. See also lawyering in Hague petition litigation coercive control, domestic violence as: defined, 29–30; economic control, 38, 46–48, 52; and habitual residence establishment, 176; Hague Convention’s failure to address, 187; immigration threat, 38, 48–49, 51, 86, 91–92; importance in determining grave risk of harm, 145; intentional isolation, 38, 45–46, 51; international measurement of, 33–34, 36; and involuntary move to other country, 58–62; measurement difficulty with, 53–54; need for legal recognition of, 195–96; rape as tool of, 50. See also emotional terrorizing cognitive effects of domestic violence exposure for children, 109 comity between nations, judicial prioritizing of, 21, 135, 152–54 consent issue in exceptions to return, 14, 177 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 19 Copelon, R., 54 court of jurisdiction, women’s knowledge of, 128–29, 132–33 criminal kidnapping charges, 7, 96, 127, 128–29, 130–31 Crooks, C. V., 135 cultural issues, gender, and domestic violence, 15–17, 28, 33–34, 197–98 custody law and recognition of domestic violence, 7, 110–12, 201 Dallemagne v. Dallemagne (2006), 188 Danaipour v. Danaipour (2004), 180–81 divorce: difficulty in obtaining in other countries, 74–75; as domestic violence trigger, 42; as Hague petition trigger, 4, 61; lack of relief from abuse after, 64–65, 83; study participants’ status, 37 domestic violence: authors’ definition, 36; child abduction’s relationship to, 1–2, 5, 82, 104–6; continuation of after Hague process, 137–40, 143–44; cultural acceptance of, 28; defining boundaries of, 28–32; global context, 2, 16–17, 33–36; as Hague petition case consideration , 11–12, 13, 146, 153–56, 185–86; incidence of, 33–34, 84, 199; lack of local support for victims in other country, 65, 69–70; need for attention to research on, 195–96; paradox of Hague petition’s effects, 2, 3...