Hague Convention ‘a domestic violence risk’

The Hague Convention may possibly put women fleeing domestic violence at further risk when it orders them to return their children to their abusive partner.

Law Council of Australia president Tass Liveris.

Law Council of Australia president Tass Liveris has expressed concern over the possibility the Hague Convention puts women fleeing domestic violence at further risk when it orders them to return their children to their abusive partner.

The convention was created after an American woman had her children taken by their father to Lebanon in the 1980s and, when invoked, orders the return of children to their “country of origin”. However, it is increasingly being used by abusers to force women who have fled with their children to return to their abuser.

Mr Liveris said there were concerns over ensuring the convention provided “sufficient pro-tections for women and children who have experienced, or are at risk of, family violence”. “The Law Council therefore supports further consideration of these matters, and would welcome the opportunity to engage in a consultation process that can produce an in-depth understanding of the issues and generate options for potential reform,” he said.

It follows The Australian revealing the Coalition was throwing its voice behind a push for the convention to be reviewed, raising concerns about unintended consequences putting the lives of mothers and children at risk.

In one case where the convention was invoked, a 24-year-old Englishwoman who fled to Australia was ordered by Australian courts to return her children to their father in Britain. When she returned with them in 2014, he stabbed her to death.

Feminist Legal Clinic principal solicitor Anna Kerr said the regular use of the convention to prevent women and children from escaping domestic violence was “of great concern”. “Change can be achieved by amendments to domestic family law legislation and we don’t have to wait for international amendment to the Hague Convention,” Ms Kerr told The Australian.

“There is a need to clarify that the ‘grave risk exception’ provided for in the Hague Convention should be applied in circumstances where there is domestic violence, and not only when the violence is directed at the child.

“The Australian Central Authority should not be supporting applications by male perpetrators of violence. Furthermore, mothers must be adequately legally aided to defend these applications and should not suffer a financial penalty for fighting to keep themselves and their children safe.”

Attorney-General Mark Dreyfus has promised to review the convention.