Maria Wright discusses the 1980 Hague Child Abduction Convention in eprivateclient

Maria’s article was published in eprivateclient, 21 March 2024, and can be seen here.

Maria Wright, Senior Associate in our Family & Relationships department, explores the application of the 1980 Hague Child Abduction Convention, particularly in cases involving domestic abuse.

The Convention aims to ensure the prompt return of children wrongfully removed across borders, but its rigid framework can present challenges when the abducting parent is a primary carer fleeing abuse. These parents, often returning to the UK for safety, may face significant legal and emotional hurdles.

Maria highlights the difficulty of relying on the Article 13(1)(b) exception, which allows courts to refuse a child’s return if it would expose them to grave harm. Courts must make swift decisions without investigating the merits of custody disputes, often without oral evidence. For parents who have experienced abuse, the prospect of litigating in a foreign jurisdiction can be deeply distressing.

The October 2023 Special Commission on the Convention addressed these concerns, recommending improvements such as a dedicated forum on domestic abuse, enforceable protective measures, and better support for lawful relocation. The Commission noted that undertakings used in England and Wales may not be enforceable abroad and urged Contracting States to strengthen their family law systems accordingly.

Maria concludes that domestic abuse is a common feature in both international and domestic child arrangements cases. The challenge lies in applying a more nuanced understanding of abuse within the strict framework of the Convention. With growing international recognition of these issues, there is hope for more balanced and child-focused solutions in cross-border family disputes.

Read the full article on the eprivateclient website [external link].