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35 Int'l J.L. Pol. & Fam. 1 (2021)

handle is hein.journals/intlpf35 and id is 1 raw text is: International Journal of Law, Policy and The Family, 2021, 00, 1-19 doi: 10.1093/lawfam/ebab001 Article Intersection between Domestic Violence and International Parental Child Abduction: Protection of Abducting Mothers in Return Proceedings Katarina Trimmings* and Ony6ja Momoh** *Senior Lecturer in Law at the University of Aberdeen and Deputy Director to Acting Director, University of Aberdeen. E- mail: ktrimmings@abdn.ac.uk **Family Law Barrister and Postdoctoral Research Fellow at the Centre for Private International Law, University of Aberdeen. E-mail: onyoja.momoh2@abdn.ac.uk ABSTRACT The focus of the article is on the intersection between domestic violence and parental child abduction, in particular, the interpretation of the Article 13(1)(b) 'grave risk of harm' defence in cases involving allegations of domestic violence by the abducting mother against the left-behind father, and on the protection of such abducting mothers in return proceedings. The content of the article is divided into two substantive parts. The first part explores the courts' approach to the grave risk of harm exception to return in circumstances where allegations of domestic violence have been raised. The second part of the article examines the courts' approach to protective measures, includ- ing undertakings, in child abduction cases involving allegations of domestic violence. The article engages extensively with the work of the Hague Conference on Private International Law and the EU in the area of international parental child abduction, as inter alia, it explores the problem of effectiveness of protective measures with reference to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children and the Regulation 606/2013 on mutual recognition of pro- tection measures in civil matters. I. INTRODUCTION Domestic violence directed towards a parent can be seriously harmful to children who are exposed to and/or have witnessed it, or who depend upon the psychological health and strength of their primary carer for their health and well-being. This article is concerned with the interface between domestic violence and international parental child abduction.1 It addresses the problem of domestic violence against mothers who 1 See, generally, M. Weiner, 'International Child Abduction and the Escape from Domestic Violence' (2000) 69 Fordham Law Review 694; M. Kaye, 'The Hague Convention and the Flight from Domestic Violence: © The Author(s) 2021. Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissions@oup.com . 1