This Article proposes a new treaty to fix the “domestic violence problem” that plagues the Hague Convention on the Civil Aspects of International Child Abduction. It argues that a new international instrument is legally permissible and would be the most efficient way to solve the problem. It compares the proposed solution to other child abduction instruments that exist in the European Union (EU) and Latin America but that do not address domestic violence. This Article proposes specific treaty provisions and provides commentary on those provisions. This Article is intended to influence state parties to the Hague Abduction Convention who are dissatisfied with the slow pace and direction of reform to date. It is also meant to influence policymakers attending the Forum on Domestic Violence and International Child Abduction, sponsored by the Hague Permanent Bureau and scheduled for the second half of 2025 in Brazil.
Convention on Safety for Survivors of Family Violence Involved in International Custody Disputes
* Philip H. Knight Professor of Law, University of Oregon School of Law. I dedicate this Article to all the advocates who are working so hard to change the Hague Convention on the Civil Aspects of International Child Abduction to make its application fair and safe for survivors of domestic violence and their children, and especially those at FiLiA, GlobalARRK, and Revibra, and to the brave mothers who have publicly shared their stories. I appreciate the helpful comments I have received on this Article from Janaína Albuquerque Azevedo Gomes, Miranda Kaye, Ruth Lamont, Jessica Raffal, and Valentina Shaknes. I also appreciate the excellent work by my research assistants, Adelaide Fitzgerald and Sorina Radu.