The convention was intended to deal with a parent taking their children across national borders without the permission of the other parent. It was particularly aimed at fathers.However, in over 70 per cent of cases the legislation is now being used against mothers, many fleeing domestic violence and sexual abuse. The cases are brought by the perpetrators of that violence with support from the state.
Barrister Gina Masterton first became aware of the Hague Convention when it was used against her sister. She has just completed a PhD on the topic and is clear that the law enables violent or controlling fathers to continue their abusive behaviour.
Masterson has interviewed many mothers who are victims of the Hague. All fled with their children after many years of abuse — physical, sexual, emotional and economic. Some were in fear of their lives, others fearful for their children.
When asked why the UN and the judiciary were so disinclined to acknowledge serious defects in the Hague legislation, one academic replied “politics and the patriarchy.”
Anyone who has had dealings with family court custody cases, in Britain or elsewhere, will recognise the impact of the latter.
Women are unsupported, routinely disbelieved, and often branded “unstable” or mentally ill, accused of deliberately alienating their children from their fathers.
When international politics is added to the mix, women and children become collateral damage. Judges in one country are loath to suggest that a woman might not receive justice if they return to the father’s country, even when the return is to countries where women’s rights barely exist, or where religious and social attitudes stand in the way of any possible equality before the law.
And the child — who was supposed to be protected by the Hague Convention — lives with the abuser, potentially losing all connection with their maternal family, culture, heritage and even language.
This injustice cannot be allowed to stand.
The Hague Mothers FiLiA legacy project will aim to amplify the voices of the women who are victims of The Hague Convention, to raise awareness of the issues, and to work with lawyers, domestic violence experts, children’s organisations, women’s groups, and Hague mothers to put right the injustices perpetuated by this legislation. Our initial focus is on Britain, the US and Australia.
For more information about FiLiA visit www.filia.org.uk.