You Can and You Should: How Judges Can Apply the Hague Abduction Convention to Protect Victims of Domestic Violence
نویسندگان
چکیده
This Article is written for trial judges who adjudicate cases pursuant to the Hague Convention on Civil Aspects of International Child Abduction (Hague Convention), although appellate judges, lawyers, and scholars may also find it interest. Trial are my target audience because they best defense against potential injustice that creates domestic violence victims flee transnationally with their children safety, then face batterers’ petitions children’s return.While permits judge refuse return a child when taking parent victim,and while more people than ever before recognize appropriateness nonreturn in this context, law limits option. In fact, many complain too confining; lament having but feel as though gives them no choice. Legislators have refused make judges’ job any easier. While now helpful authority some appellatedecisions Conference Private Law’s new Guide Good Practice 13(b), these sources uneven still insufficient. light reality, aims provide well clerks, tools encouragement promote justice safety cases, evenwhen legal doctrine be problematic.Alleviating judicial discomfort not sole purpose, however. Judge Alex Kozinski once wrote, “A troubled [judicial] conscience certainly pleasant, real-life, brutal consequences an unjust decision suffered by others.” My chief objective change outcomes might otherwise lose.
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Domestic violence: how you can help.
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ژورنال
عنوان ژورنال: UCLA women's law journal
سال: 2021
ISSN: ['1068-9893', '1943-1708']
DOI: https://doi.org/10.5070/l328155744