Goldman School of Public Policy - University of California, Berkeley

Bench Guides

Washington State, Minnesota, California, New Jersey, Texas, and New York Bench Guides 

The Hague Domestic Violence Project, founded in Washington State, developed a Washington Bench Guide, The Hague Convention on International Child Abduction: A Child’s Return and the Presence of Domestic Violence (September 2005), to assist Washington judges in managing process and substantive law applied in Hague Convention cases. The Bench Guide appears as a chapter in Washington State's Domestic Violence Bench Guide and includes explanations of ICARA, jurisdiction in Hague Convention cases, and exceptions to return.

Working with the Hague Domestic Violence Project, a team of Minnesota judges, attorneys, advocates, and social scientists developed a Minnesota Bench Guide, The Hague Convention on the Civil Aspects of International Child Abduction in Cases Involving Allegations of Domestic Violence (October 2011), for judges who are hearing Hague Convention cases involving allegations of domestic violence. The case law in the guide is focused on Minnesota and 8th Circuit courts. 

The Bench Guides are intended for judges handling Hague Convention cases involving allegations of domestic violence by the respondent. For a copy of a state Bench Guide, please submit a request

Adapting Our Bench Guides

We understand that these bench guides may not be of complete assistance to judges hearing cases outside of Washington State, Minnesota, California, New Jersey, Texas, and New York. A goal of the Hague Domestic Violence Project is to assist other areas of the country to use these guides to develop a similar one for their particular region. We are currently working on a Model Bench Guide that can be adapted for other states.

Contact The Hague Domestic Violence Project

If you have any questions regarding these bench guides, or if you are interested in creating a bench guide for your area, please contact us.