Convention on Safety for Survivors of Family Violence Involved in International Custody Disputes

Authors

Merle H. Weiner, University of Oregon School of Law

Abstract

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.

Keywords

Immigration Law, International Law, Domestic Violence, Marriage and Couples, Violence, Crimes Against the Person

Disciplines

Immigration Law | International Law | Law

Recommended Citation

Merle H. Weiner, Convention on Safety for Survivors of Family Violence Involved in International Custody Disputes, 46 Cardozo L. Rev. 1167 (2025).
Available at: https://larc.cardozo.yu.edu/clr/vol46/iss4/2