Hague Convention: Does NZ need to update its international custody laws? - The Front Page

The Hague Convention is designed to stop one parent taking their child away from the other parent to a different country. Photo / 123RF

There are concerns a decades-old international agreement first conceptualised to prevent those who lose custody disputes from kidnapping their child may not be fit for purpose.

Australia is one of several countries who have amended the law its Hague Convention cases are brought under to ensure allegations of family and domestic violence can be considered before an order to return the child can be made under the agreement.

Rulings in multiple recent Hague Convention cases have thrown the effectiveness of the Convention into the spotlight here and University of Auckland law professor Mark Henaghan says New Zealand should follow suit in amending how it implements the Convention.

He told The Front Page, the Herald’s daily podcast, there have been cases in New Zealand where it has been used by abusive partners.

“It’s a real concern and people are questioning the Convention as to whether or not that protective section should be interpreted, and has been interpreted, I think a little more user-friendly toward those who escape those situations rather than say well, you’re here, that country has laws, we’ve got to respect the fact they’ve got child protection and partner protection laws, that’s enough.”

Now, he said countries are looking at the reality people face and how there may be no guarantee the children won’t end up in the same difficult situation if they are returned to their home countries.

This, he told the podcast, was not thought about when the Convention was conceived as violence was seen as a family problem.

“We now recognised violence as violence.”

Listen to the full episode to hear more from professor Heneghan on how the Convention works and where it falls short.

The Front Page is a daily news podcast from the New Zealand Herald, available to listen to every weekday from 5am. This episode was presented by Katie Harris, an Auckland-based journalist with a background in social issues reporting who joined the Herald in 2020.

You can follow the podcast at iHeartRadio, Apple Podcasts, Spotify, or wherever you get your podcasts.