JUST a few days out from Christmas, a Newcastle-based Indigenous woman is pleading with the Australian Government to prevent her toddler being deported to Europe.
The woman, who cannot be named for legal reasons, says her daughter's father is a violent man who kept her locked in an attic at his parent's house during her pregnancy.
She is calling on Immigration Minister Andrew Giles to exercise his discretion, by refusing her ex-husband entry to Australia, or otherwise preventing her daughter's removal.
Her situation has continued to escalate despite recent changes to the law making it clear that allegations of family and domestic violence can be considered before return orders are made for children under the Hague Convention.
Attorney General Mark Dreyfuss said the regulations make it clear that family and domestic violence is a relevant consideration under the 'grave risk' defence, and can be taken into account without the need to prove that violence has, or will occur.
The changes, however, are not retrospective and may have come too late for this Australian woman, who says she has been fighting against her child's removal for two years.
She is terrified, she says, and is expecting her ex-husband to land on a plane "any minute".
"I know he is in transit and the Immigration Minister could stop him from entering Australia because there is a current ADVO against him," she said.
"I feel really terrified, because I know the damage it will cause (our child). She is a really happy, confident little girl right now and she is just going to be broken."
An advocate for her, also based in Newcastle, said she has witnessed the child's fear of her father, saying she "completely shuts down".
"She just doesn't know him," she said.
"Family is hugely important to them. She always planned to be based here on Country."
A petition calling for the child's protection has nearly 20,000 signatures, and the mother's support network continues to lobby Federal MPs to intervene.
The Hague Convention, (formally known as the Hague Convention on the Civil Aspects of International Child Abduction) was intended to protect people where a non-custodial parent has removed a child across international borders without permission.
However, a growing number of women, including academics and a group known as the Hague Mothers, say it is increasingly being used to force mothers fleeing domestic violence to return their children to their abuser.
It has been 'weaponised', they say, with abusive fathers using it to compel children, and therefore mothers, to return to the country they have fled in more than 75 per cent of cases.
The child in question was born overseas, but the mother says that was not her wish.
She claims they had planned for the baby to be born in Australia, but incidents of domestic violence led to medical issues which prevented her from travelling.
She was trapped, she says, without the financial means or the child's fathers' permission to leave. She escaped to Australia as soon as she could on the premise she was returning on a holiday.
Rather than returning, she went to police who served an apprehended domestic violence order on the man.
Appeals have been made to Mr Dreyfuss who has said he is unable to comment or intervene.
In welcoming legislative change, Shadow Attorney General Julian Leeser, who is aware of the circumstances of this case, said there had been several cases of concern over recent years.
"This change will ensure the courts can reflect on safety concerns raised in distressing cases like (this)," he said.
"Even before I was appointed Shadow Attorney-General I have raised concerns about the operation of The Hague Convention and the inability of Australian courts to give adequate consideration to family violence concerns."
"Sadly, all too often family violence and coercive control extends over international borders and The Hague Convention does not give due consideration to this.
If you or someone you know is impacted by family, domestic or sexual violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au
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