About

This is the webpage for the Oxford Brookes University research project ‘International child custody disputes’ (ICCD; UREC #251906) led by CfPR’s Dr Valerie van Mulukom. Team members of this project are Dr Emma Davies (Oxford Brookes University, CfPR) and Dr Adrienne Barnett (Brunel University). The project consists of three major studies (see below).

Background

With the increasing globalisation of the world, more and more families have parents with diverging countries of origin. When the relationship between the parents breaks down, one parent may want to return to their country of origin, but the Hague Convention on the Civil Aspects of International Child Abduction (1980) states that parents cannot take their children to a country which is not the habitual residence of the children without permission of the other parent.

In a number of previous reports of court cases, domestic violence or abuse (DVA) has been alleged. However, little is known about the prevalence and effects of DVA in situations where parents are engaged in international child custody disputes (Study 1) and where mothers are ordered to return to the previous country of residence after relocating to their home countries with their children (Study 2). We will also be seeking the opinion of professionals on these matters (Study 3). 

Study 1: An international survey

Study 1 aims to get a better understanding of the presence or absence of DVA (both reported and unreported) in international child custody disputes, whether a court case has been started, parents have been Hagued (i.e., ordered that the children need to be returned), or parents are only making considerations. This study is conducted through an online survey which takes about 30 minutes to complete – not short, but we hope that this allows for a more comprehensive view of people’s complex situations, combined with space to voice your experiences and/or concerns.

Would you like to have your say?

We are looking for English-speaking individuals who are over the age of 18 and are parents either (i) want(ed) to relocate with their children away from the current habitual residence of children or (ii) want(ed) the children to remain in the current habitual residence (regardless of whether they currently have an active Hague Convention court case). We are also interested in hearing parents who have gone through this in the past. You do not need to have experienced domestic violence/abuse to participate – we would like to hear from all parents about their experiences of international child custody disputes. Finally, parents from any country, resident in any country, are welcome to participate. We are inviting 200 parents around the world to participate in this survey.

Click here to read and/or download the full participant information sheet of the study, click here to proceed to the survey.

Study 2: Interviews with ‘Hagued’ mothers

Article 13(1)(b) of the Hague Convention was put in place to provide protection when there is a grave risk of harm, and when parents are ordered to return with their children, protective measures may be put in place. However, currently there has been no research into the psychological impact of having to return, nor the efficacy of the protective measures. This study aims to gain insights into this.

Would you like to have your say?

We are looking for individuals who are over the age of 18 and who are mothers who have been ordered to return with their children under the Hague Convention (1980), i.e., who are “Hagued”. Mothers from any country, resident in any country, are welcome to participate. We are inviting 20 mothers to take part in our one-to-one interviews, which take approximately 1-1.5 hours.

Click here to read and/or download the full participant information sheet of the study, and click here to leave your email address to be sent the interview time slot schedule (non-binding)."

Study 3: Interviews with professionals

This study aims to gather insights from legal, psychological, and mediation professionals about these issues, including professional perspectives on systemic fairness, gender bias or misogyny, the management of domestic abuse allegations, and the psychological impact of the current laws and practices.

Would you like to have your say?

We are looking for professionals who are over the age of 18 and who have been involved -now or in the past as practitioners, experts, or adjudicators in international child custody cases. This includes lawyers, judges, mediators, psychologists, social workers, NGO staff, and others with direct professional experience of international custody cases. We are inviting professionals to take part in our one-to-one interviews, which take approximately 0.5-1.5 hours.

Click here to read and/or download the full participant information sheet of the study, and click here to leave your email address to be sent the interview time slot schedule (non-binding)."

Aims

The project aims to give voice, as much as possible, to parents in international child custody disputes, combined with insights from relevant professionals whose expertise will contribute to getting a holistic picture of these types of situations. 

The majority of research in this field so far has been conducted by academics and experts in law, and this project aims to further contribute insights about the psychological sides, antecedents, and impacts of international child custody disputes. 

The anonymised and pseudonymised results of all studies of this project will be written up in articles, to be published in academic journals, where the findings can be found and cited by other academics, experts, and professionals. The anonymised and pseudonymised results may also be presented at conferences.

Please contact lead Dr Valerie van Mulukom at v.vanmulukom@brookes.ac.uk for any information on this research project.