By: Jeffrey L. Edleson, Taryn Lindhorst, Gita Mehrotra, William Vesneski, Luz Lopez, and Sudha Shetty
Mothers who flee with their children because of domestic violence may have few other options to ensure their safety and that of their children in the face of their partner’s violence. Yet when their flight takes them across international boundaries, they become vulnerable to being legally treated as an “abducting” parent by the courts. This report focuses on the situations of women who experienced abuse in another country and came to the United States in an effort to protect themselves and their children, but who then faced civil actions in U.S. state or federal courts for child abduction under international legal agreements. We interviewed battered mothers around the world, their attorneys, their husbands’ attorneys and examined published judicial decisions in cases involving the Hague Convention on the Civil Aspects of International Child Abduction where there were also allegations of domestic violence by one parent against the other. The research team interviewed 22 mothers who responded to Hague petitions in U.S. courts, 23 attorneys representing both mothers and fathers in these cases and five specialists, such as expert witnesses. The research team also analyzed 47 published U.S. Hague Convention court decisions involving allegations of domestic violence.
Battered mothers who fled across borders to the U.S. to receive help from their families were often victims of life-threatening violence, and their children were frequently directly or indirectly exposed to the father’s violence. The women sought but received little help from foreign authorities or social service agencies and received little help from U.S. authorities once they came to the U.S. In fact, these mothers – most of whom were U.S. citizens – often faced U.S. courts that were unsympathetic to their safety concerns and subsequently sent their children back to the custody of the abusive fathers in the other country, creating potential serious risks for the children and mothers.
US Department of Justice, November 2010