Miranda Kaye
Biographic Data
| ID | 4171382 |
|---|---|
| NAME | Miranda Kaye |
| GIVEN NAMES | Miranda |
| FAMILY NAME | Kaye |
| SIGNATURE | KAYE M |
| AFFILIATIONS | University of Technology Sydney |
| ORCID | 0000-0003-4484-1904 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 8 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1997 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 1 |
The 2024 Forum on Domestic Violence and the Hague Abduction Convention
This article discusses the recent Forum on Domestic Violence and the Operation of Article 13(1)(b) of the Hague Convention on the Civil Aspects of International Child Abduction sponsored by the Hague Conference on Private International Law. The article describes the reason for the Forum and highlights some of the important content that emerged at the event. It concludes with recommendations for the next Forum, scheduled to occur in Brazil during …
Prenuptial agreements
Family violence and family law property division
This article explores how the economic impacts of violence can continue long after a relationship has ended and how the family law system is a generally unhelpful tool for financial recovery from abuse. Hurdles in the legal system such as the unavailability of legal aid and the absence of affordable legal representation, lack of legislative reforms in relation to property division in cases of violence, and difficulties in enforcing orders, compou…
Family Violence, Cross-Examination and Self-Represented Parties in the Courtroom
Since the early 2000s, the ability of a self-represented litigant alleged to have used domestic and family violence including sexual violence to personally cross-examine the alleged victim of that violence has been steadily restricted or prohibited across the Australian jurisdictions. These statutory limitations recognise the traumatic and negative impact such personal cross-examination can have on the alleged victim. All Australian jurisdictions…
Domestic Violence, Separation and Parenting
This article reports selected findings from a study of women who were negotiating and facilitating residence and contact arrangements for their children with a former partner who had abused them (Kaye, Stubbs & Tolmie 2003). The article analyses women's attempts to protect themselves and their children from domestic violence using legal processes. In doing so it contributes to the empirical literature in two ways. Firstly, it demonstrates that wo…
The Hague convention and the flight from domestic violence
This paper considers how violence against women and children influences and impacts upon child removals. The article then looks at how courts have interpreted the Hague Convention on Child Abduction in circumstances where there has been such violence. It is suggested that an overriding concern by courts and researchers not to undermine the Convention has led to a lack of recognition of the fact that the circumstances surrounding abductions are in…
Lollies at a Children's Party’ and other Myths
Equity’s treatment of sexually transmitted debt
Third-party applications for protection orders
The Family Law Act 1996 allows for the possibility of third parties applying for protection orders1 in situations of domestic violence. This paper employs a feminist perspective to explore the potential benefits and hazards of this practice, particularly when the police are the third-party applicants. The Australian experience of similar legislative provisions is drawn upon to highlight issues which might arise in England and Wales. Consultation …
Equity’s treatment of sexually transmitted debt
Third-party applications for protection orders
The Family Law Act 1996 allows for the possibility of third parties applying for protection orders1 in situations of domestic violence. This paper employs a feminist perspective to explore the potential benefits and hazards of this practice, particularly when the police are the third-party applicants. The Australian experience of similar legislative provisions is drawn upon to highlight issues which might arise in England and Wales. Consultation …
Equity’s treatment of sexually transmitted debt
Third-party applications for protection orders
The Family Law Act 1996 allows for the possibility of third parties applying for protection orders1 in situations of domestic violence. This paper employs a feminist perspective to explore the potential benefits and hazards of this practice, particularly when the police are the third-party applicants. The Australian experience of similar legislative provisions is drawn upon to highlight issues which might arise in England and Wales. Consultation …
Lollies at a Children's Party’ and other Myths
The Hague convention and the flight from domestic violence
This paper considers how violence against women and children influences and impacts upon child removals. The article then looks at how courts have interpreted the Hague Convention on Child Abduction in circumstances where there has been such violence. It is suggested that an overriding concern by courts and researchers not to undermine the Convention has led to a lack of recognition of the fact that the circumstances surrounding abductions are in…
Domestic Violence, Separation and Parenting
This article reports selected findings from a study of women who were negotiating and facilitating residence and contact arrangements for their children with a former partner who had abused them (Kaye, Stubbs & Tolmie 2003). The article analyses women's attempts to protect themselves and their children from domestic violence using legal processes. In doing so it contributes to the empirical literature in two ways. Firstly, it demonstrates that wo…
Family Violence, Cross-Examination and Self-Represented Parties in the Courtroom
Since the early 2000s, the ability of a self-represented litigant alleged to have used domestic and family violence including sexual violence to personally cross-examine the alleged victim of that violence has been steadily restricted or prohibited across the Australian jurisdictions. These statutory limitations recognise the traumatic and negative impact such personal cross-examination can have on the alleged victim. All Australian jurisdictions…
Family violence and family law property division
This article explores how the economic impacts of violence can continue long after a relationship has ended and how the family law system is a generally unhelpful tool for financial recovery from abuse. Hurdles in the legal system such as the unavailability of legal aid and the absence of affordable legal representation, lack of legislative reforms in relation to property division in cases of violence, and difficulties in enforcing orders, compou…
The 2024 Forum on Domestic Violence and the Hague Abduction Convention
This article discusses the recent Forum on Domestic Violence and the Operation of Article 13(1)(b) of the Hague Convention on the Civil Aspects of International Child Abduction sponsored by the Hague Conference on Private International Law. The article describes the reason for the Forum and highlights some of the important content that emerged at the event. It concludes with recommendations for the next Forum, scheduled to occur in Brazil during …
Prenuptial agreements
Law (8 works) · Political science (8 works) · Criminology (6 works) · Law (6 works) · Domestic violence (5 works) · Poison control (5 works) · Psychology (5 works) · Medicine (4 works) · Family Dynamics and Relationships (3 works) · Intimate Partner and Family Violence (3 works)