Abstract

This article examines the complex challenges faced by mothers who abduct their children internationally to escape domestic violence, focusing on the implications under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. These mothers encounter costly and intricate cross-border legal proceedings, and a court-ordered return may force them back into the abusive environment they fled. The study explores strategies to enhance protections for these vulnerable mothers during return proceedings, proposing judicial and legislative measures to address their plight. It also investigates the intersection of international child abduction law and refugee law, particularly when domestic violence allegations are involved. Special attention is given to Article 20 of the Convention, highlighting the increasing use of asylum claims as a defense against return orders and the associated human rights implications. The article identifies a critical area for further research: the relationship between domestic violence and asylum claims, emphasizing the need for a nuanced approach to balance the Convention’s objectives with the safety and rights of abducting mothers and their children.