“I didn’t have a chance”: perceptions of the attitudes and roles of legal professionals for women involved in Hague international child abduction cases
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Flood, John
Rathus, Zoe
Tranter, Kieran
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Studies of lawyers and clients tend to be lawyer centric. How clients see lawyers—their own or those of other parties—is less emphasised. In this article we report the perspective of ten women who had been subject to a Hague Convention on the Civil Aspects of International Child Abduction process. The Convention was created to address removal of children from custodial mothers by non-custodial fathers and aims to ensure the safe return of children to their country of “habitual residence”. However, the Hague Convention process, and the lawyers and courts that administer it, do not adequately respond to situations where mothers are fleeing domestic and family violence with their children. The women we spoke with had all fled domestic and family violence and sought safety by returning to their own country. They had been subject to a Hague Convention process for the return of their child(ren) to the country and custody of their perpetrator and experienced an accusatory, uncaring, hostile legal profession. The women felt that the lawyers were motivated by moral assessments of them and their behaviour. The lawyers were seen as participating and continuing the violence as an agent of the perpetrator and the state.
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International Journal of the Legal Profession
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© 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. The terms on which this article has been published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent.
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International relations
Public international law
Law in context
Legal systems
Social Sciences
Law
Government & Law
GOVERNMENT LAWYERS
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Masterton, G; Flood, J; Rathus, Z; Tranter, K, “I didn’t have a chance”: perceptions of the attitudes and roles of legal professionals for women involved in Hague international child abduction cases, International Journal of the Legal Profession, 2023