Dr Marilyn Freeman’s ground-breaking work explores the legal mechanisms in place to deal with international child abduction, the consequences of abduction for the children and families, and how their situation can be improved.
When a parent abducts a child amidst a dispute with their partner, the long-term psychological harm which may be wrought upon that child is very often not considered. This is also the case in the complex legal cases surrounding such abductions, where the child’s voice is frequently not heard.
Dr Marilyn Freeman’s research aims to highlight the strengths and weaknesses of the current legal mechanisms designed to address international child abduction, together with the consequences of child abduction for the families and children involved. In particular, her work focuses on the way in which these long-term effects are experienced by those affected, and addressed by the international family justice community.
Through this work, Freeman is helping to change international law and practice in order that more children may have an opportunity to express their voice in these matters and safeguard their futures.
Bringing the child’s perspective into international abduction cases
A recognised authority on this issue, Dr Freeman has engaged with family justice professionals from across the globe in order to advocate for the welfare of the child in international child abduction cases, changing their practice in the process.
Malathi Das, a Singapore-based Advocate and Solicitor, states that “Freeman’s research and findings has aided in my understanding of the importance of advising clients to take a reasonable and sensible approach towards resolving such disputes to minimise harm caused to their children”.
“What I found to be particularly informative were the interviews conducted with abducted children and their families,” Dr Astrid Martalas, an accredited family mediator and parenting coordinator with FAMAC (Family Mediation Association of the Cape) of South Africa, writes of Freeman’s work. “I have referred to this research in my own consultations when mediating with parents, not only in Hague matters, but also in relocation assessments”.
Dr Sarah Calvert, an Auckland, New Zealand, based clinical psychologist, adds that: “In my own work and that of other clinicians it has encouraged more nuanced questions of children about their views of themselves and of their view of the adults they will become”.
Being able to refer to the devastating adult outcomes and prognoses in my clinical and forensic practice has provided convincing arguments about earlier interventions.
– Dr Jennifer Neoh, a clinical psychologist in Victoria, Australia.
Helping The Hague Convention protect children’s well-being
Dr Freeman has played a significant role in building a network of expertise around international child abduction.
In August 2016, together with Professor Nicola Taylor from the University of Otago, New Zealand, Freeman established The International Association of Child Law Researchers (IACLaR), whose members include professors from all over the world, as well as Diana Bryant, A.O, former Chief Justice of the Family Court of Australia.
In June 2017, Freeman convened an Experts’ Meeting, in collaboration with The Hague Conference on Private International Law (HCCH), and Professor Nicola Taylor. Attended by approximately 60 international interdisciplinary experts from 19 global jurisdictions, the meeting focused on children abducted against a background of violence or abuse and the 1980 HCCH Child Abduction Convention.
These experts included government representatives, researchers, judges, NGOs, mediators, and other international organisations actively involved in this issue. Freeman and Taylor converted the data and feedback collected from these experts into a research report, which took a unique cross-jurisdictional and interdisciplinary approach to the issue.
These two activities fed into the discussion and recommendations of the Special Commission into the operation of the 1980 and 1996 Hague Child Abduction Convention (HCAC) in 2017.
This Special Commission is undertaken approximately every five years and only states, international organisations or NGOs – not individuals – can participate. By establishing IACLaR, which was granted observer status at the Special Commission, Freeman enabled academics to participate for the first time, while the Experts’ Meeting report was used as a discussion document during the meeting.
The Special Commission acknowledged IACLaR’s important contribution and recommended further engagement with academics in the future due to the unique perspective they bring. Two of the three recommendations in Freeman and Taylor’s report were also adopted by the Commission: to research short-term and long-term impacts on children and family members, including “left-behind parents”, and to evaluate the impact and effectiveness of protection measures.
Highlighting the voice of the child to European lawmakers
In November 2020, the Policy Department for Citizens’ Rights and Constitutional Affairs of the European Parliament commissioned Dr Freeman to write an in-depth analysis of children’s perspectives on the Hague Convention and their rights within such abduction disputes. This report can be read on the Convention’s website.
Freeman was further invited to present her research at a Committee on Legal Affairs of the European Parliament (JURI Committee) workshop. The JURI Committee oversees interpretation and application of European Law and international law affecting the EU. Freeman presented her research to MEPs from the 27 Member States of the EU, as part of a three-person expert panel.
In doing so, Freeman, who has pioneered this area of research, focussed the attention of high-level European lawmakers on international child abduction towards the voice of the child when making policy decisions.
Informing child-focussed educational resources
Freeman’s research has also helped children to navigate parental disputes through its translation into child-friendly materials by Darren Mort, an Australian barrister, mediator, and Director and founder of the children’s charity, To Be Loved Network.
Freeman’s “research and expertise in the area of international child abduction has had a significant impact” on the content of the resources – books, films, and an app – that Mort has produced to assist and educate children navigating parental separation and family violence.
In some cases, Freeman has been directly engaged as a consultant on these resources, as when she was asked to assess a script for a film her research “recently inspired me to write”, Mort says, “to ensure its content was valid from a child’s emotional and psychological standing”.
Mort has shared positive feedback from young children who read one of his children’s stories. These include comments such as “Some kids have to go through this horrible situation so this book is great for them”, and another comment reflecting on how the book connected to their own experience of their parents fighting (“I felt like I had butterflies in my tummy”).
Such feedback demonstrates how these research-informed materials help children to navigate and reflect upon such emotionally complex situations.
Visit the To Be Loved Network website.
Find out more
Connect with Marilyn Freeman
For press enquiries, contact the Press Office at [email protected]