Mothers & Children Seeking Safety in the US: Study of International Child Abduction Cases Involving Domestic Violence

1. Mothers and children seeking safety in the US:A study of international child abduction cases involving domestic violence Funded by the National Institute of Justice 2006-WG-BX-0006

2. Today’s Presentation • Welcome • Overview of the Hague Convention • SudhaShetty, Esq., Univ. of Minnesota • Overview of Hague Mothers Study & Findings • TarynLindhorst, PhD, LCSW, Co-PI, UW • Views of Attorneys and Commentary • Jeffrey Edleson, PhD, Co-PI, Univ. of Minnesota

3. What is the Hague Convention? • Multi-lateral treaty between 82 countries • Civil procedures, not criminal • Protect children from harmful effects of abduction • Procedure for “prompt return”

4. Hague Convention Application & Goal Wrongful Removal Unlawful retention Return to “Habitual Residence”

5. Increasing Cases • Increasing number of signatories and partners • U.S. has highest number of cases worldwide • Most U.S. cases involve Latin America or Europe

6. Registered US Hague Cases in 2009 324 new cases with 454 children 1,135 new cases with 1,621 children, 828 to Hague countries Source: U.S. State Department, 2010

7. Administrative Process • U.S. authorizing legislation: ICARA • Each country must designate a central authority. • US State Department • Office of Children’s Issues

8. Key Defenses 12: Settled in a new place 13: Child is mature and objects 13a: Parent consents 13b: Grave risk of physical or psychological harm or places child in an intolerable situation 20: Violation of a child’s human rights

9. History of Hague DV Project • Difficult case in Seattle • Seattle University’s Access to Justice Institute • National Institute of Justice grant

10. DV & Parental Child Abduction • Agopian (1981): result of pre-existing conflict, entire chapter on FV • Grief & Hegar (1993): 3 of 5 types=violence • Sagatun-Edwards et al. (2000): mother abductors more likely abused, fathers abusers, mother abductors given custody • Chiancone, Girdner, and Hoff (2001): 90% left-behind parents’/others’ lives threatened • Lowe et al. (2006): 68% of “takers” worldwide were mothers

11. Tension in Hague Cases

13. Multiple Perspectives

15. Focus of Our Study Transnational Family Custody/ Child Abduction Cases Father Respondent Mother Respondent No Domestic Violence Domestic Violence Alleged Outgoing/Non- Hague Convention Cases Incoming U.S. Hague Convention Cases

16. Part 1: Experiences of Mothers Who wereRespondents to a Hague Petition

17. Human Subjects Protection

18. Recruitment Hague Attorneys (n=102) Eligible Mothers (n=51) Haguedvwebsite Women contacted Project (n=45) Women interviewed (n=22)

19. Interview Guide Please tell us about the events that led up to the Hague petition being filed. Probes: Children Legal Processes Resources +

20. Parents’ Demographics

21. Children’s Demographics

22. Hague Case Information(1995 – 2007) 17 U.S. citizens; 5 immigrant women

23. Results from Interviews with Mothers

24. Case Outcomes Children returned to other country (n = 12) 55% Children remained in U.S.(n = 10) 45%

25. Types of DV reported

26. Child Exposure to Violence

27. Hague Outcomes & Violence

28. Resources Contacted in Other Country

29. Barriers Facing Women & Children Citizenship Lack of DV Assistance in Other Country Attorneys & Judges Lack Experience with Hague High Cost & Fast Timeline of Cases Linguistic & Cultural Isolation

30. Post-Hague Experience:Mothers & Children who Remained in U.S. 10 mothers retained children

31. Post-Hague Experience:Children Returned to Other Country 12 mothers with returned children; missing data on 1

32. Post-Hague Experience: Ongoing Exposure to Domestic Violence 12 mothers with returned children; missing data on 1

33. Latina Women Immigrant & Asylum Judges ruled in favor of allotting time for the resolution of the asylum question and rejected the Hague petition Two Latina mothers pursued asylum due to domestic violence. This asylum option was not available to the mothers who are US citizens as their immigration status was never in question.

34. Key Take-Aways Mothers and their children experience significant & severe DV Women have access to few resources in other country or U.S. to support their safety When women experience battering, but not their children, their children are more likely to be returned More children returned to abusive father (regardless of DV presence or severity)

35. Part 2:SystemPerspectives

36. Mothers’ Perspectives Legal Professionals’ Perspectives Judicial Opinions Understanding U. S. Hague Cases Involving Domestic Violence Policy & Practice Recommendations Dissemination Efforts HagueDV.org Website

37. Method of Lawyer Study • 15 Respondent mother’s attorneys • (11 of interviewed mothers) • 8 Petitioner attorneys for fathers • (6 of interviewed mothers) • Telephone interviews • Approximately one hour each

38. Key Results

45. Mothers’ Perspectives Legal Professionals’ Perspectives Judicial Opinions Understanding U. S. Hague Cases Involving Domestic Violence Policy & Practice Recommendations Dissemination Efforts HagueDV.org Website

46. Hague Defense Statistics 12

47. Factors in Successful Grave Risk Defense (N=12)

48. Key Take-Aways • Courts infrequently accept defenses, including grave risk. • Courts rarely see a link between DV and child maltreatment. • Five factors contribute to the courts narrow interpretation of the grave risk defense.

49. Key Take-Aways Importance of lawyering aimed at recognizing DV as a factor in Hague cases Battered mother respondents need access to legal resources Evidence & expert testimony regarding DV as a risk to the child, even when the child is not abused Lawyers, judges & experts need training & resources to address Hague cases

50. How This Study Adds to the Literature • Describes domestic violence experiences of an understudied group (taking parents who are mothers) • Provides evidence of multiple barriers to safety for women and children in other country and U.S. • Describes post-Hague experiences • Hague legal process just one among many for most women in this study • Use of the courts by domestically violent men to control women • How lawyers approach these cases