5 research outputs found

    Driver Licences, Diversionary Programs and Transport Justice for First Nations Peoples in Australia

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    In Australia, one significant cause of the imprisonment and disadvantage of First Nations people relates to transport injustice. First Nations people face obstacles in becoming lawful road users, particularly in relation to acquiring driver licences, with driving unlicensed a common pathway into the criminal justice system. This paper identifies that while some programs focus on increasing driver licensing for First Nations people, there are significant limitations in terms of coverage and access. Further, very few diversionary or support programs proactively address the intersection between First Nations people’s driver licensing and the criminal justice system. Nevertheless, it is argued that scope does exist within some state and territory criminal justice programs to enhance transport justice by assisting First Nations people to secure driver licensing. This paper highlights the need for accessible, available and culturally safe driver licencing support programs in First Nations communities led by First Nations people

    Australia's embrace of the 1980 Hague Abduction Convention: How the judiciary's narrow interpretation of the "grave risk of harm" exception harms abused taking mothers and their children

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    This thesis explored how Australian courts have dealt with a recent surge in international parental child abductions by primary carer mothers escaping domestic violence perpetrated by their children’s father. This area of the law is governed by the 1980 Hague Abduction Convention, implemented by Australia in 1986. A selection of reported cases decided between 2005 and 2015 where the “Grave Risk of Harm” defence was raised by the mother was analysed. The conclusion was that Australian courts generally apply the Convention narrowly to all cases, even domestic violence cases, and that this approach can adversely affect abused women and children

    '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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    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 stat

    Being ‘Hagued’ : How weaponising the Hague Convention harms women, family and domestic violence survivors

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    This paper examines the experiences of women who have been ‘Hagued’: forced, through a court-facilitated process enabled by the Hague Convention on the Civil Aspects of International Child Abduction, to return children taken unlawfully across international borders. It considers how the convention, which lacks specific mechanisms to account for family and domestic violence, is weaponised against women fleeing such violence. It identifies three types of harm: further intimidation and abuse by an ex-partner through contact necessitated by court proceedings; punishment through a court system that positions the woman as a ‘child abductor’ and may engender adverse custody arrangements; and homelessness caused by lack of support structures, income and financial independence. Finally, it suggests improvements to reduce or avoid this harm

    Dislocated Lives : The experience of women survivors of family and domestic violence after being ‘Hagued’

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    This article reports on interviews with ten women who had experienced the legal process of the 1980 Convention on the Civil Aspects of International Child Abduction (the ‘Hague Convention’ or the ‘Convention’). We refer to that experience as being ‘Hagued’. All the women were subjected to a Hague return order after fleeing family and domestic violence perpetrated by their previous partner, because they fled with their children across international borders. Subsequently, all women were ordered to return their children to the country where their abusive previous partner lived. Nine out of the ten women also returned with their children. On return the women experienced further harms: they were vulnerable to, further intimidation and controlling behaviour from previous partners; they became homeless; and they felt punished in ordered from returning country’s courts through reduced contact and custody arrangements. The article concludes by suggesting if the Convention, the domestic implementation laws and ultimately the courts assessing return applications, placed greater emphasis and understanding on family and domestic violence, then the women interviewed probably would not have been ordered to return their children and they would not have experienced further post-Hague harm
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