THE HAGUE CONVENTION - is it fit for purpose in family violence cases? Case example.

If you require information or support about the Hague Convention - please go to an Aotearoa New Zealand website - Hague Collective | Hague Convention New Zealand

Trapped overseas: Why some parents can’t move home with their kids

Sophia* always thought she’d return home to New Zealand after studying abroad. It was a plan she and her boyfriend even started to put in writing after moving in together in Norway.

But when the relationship broke down, she found herself legally barred from moving home with her children. Caught in a custody battle that exposes the hidden risks of international love and parenthood.

New Zealand family law barrister and Hague Convention expert Alex Ashmore says the Hague Convention was created in a time of “wild optimism about international comity”, but over time it has been “eroded enormously”.

It's struggling to adapt to modern reality or reflect the complexities of international relationships, he says, especially where there is high conflict in relationships.

“The Convention was designed to short-circuit long custody battles. It’s not about what’s best for the child,” he says. “It’s been gradually unravelling over the last 15 years because of concerns about domestic violence, political reasons, and the rise of child advocacy.”

He says it's “increasingly irrelevant and confused” and should be replaced, but there is no political motivation to do this, so countries have been amending their local laws instead. “But they don’t talk to each other,” he says.

Read the whole story here - Trapped overseas: Why some parents can’t move home with their kids

Aotearoa New Zealand Resource

The Hague Collective Aotearoa New Zealand website - Hague Collective | Hague Convention New Zealand

You can watch the Aotearoa story here through Magnetic Pictures Breaking Silence series, the story that led to the creation of The Hague Collective who offer support and Advocacy services - Breaking Silence Season 3 Episode 4: The Hague Convention Please see below for more information of services.

"We provide information, advocacy and support to stuck parents who have fled family and sexual violence with their children. Often they are facing a long and expensive court case in order to stay in their home country where they are safe, alternatively they are returned to their country of origin and face legal proceedings there, often without any money or support.

We connect people with services and organisations who we know and trust, or who have expertise in this niche area of family law. We are always interested in case law and research on the 1980 Hague Convention, as well as network building with professionals who work in this space.

We have good working relationships with lawyers experienced in the 1980 Hague Convention, as well as organisations in the DV and SV sector".