Key facts
- UK mothers fleeing domestic abuse abroad who are accused of child abduction may receive greater legal protection.
- The Ministry of Justice will review High Court cases under the 1980 Hague convention from 2024-2025.
- Approximately 500 Hague convention applications for child return are filed annually in England and Wales.
- Between 10% and 20% of children affected by these cases are separated from their primary carer.
- Campaigners argue the Hague convention's assumptions about child abduction and domestic abuse are outdated.
- Charities highlight a lack of equal legal and emotional support for domestic abuse survivors in these cases.
The UK government has committed to reviewing the application of the 1980 Hague Convention in cases where mothers fleeing domestic abuse abroad are accused of child abduction upon returning to the UK. This initiative aims to provide greater legal protection and support for survivors who often face complex legal battles to keep their children with them.
The Ministry of Justice's private international family law team will analyze High Court cases in London between 2024 and 2025. The Hague Convention generally requires signatory countries to return children who have been taken abroad without consent, allowing courts in their home countries to decide on future arrangements. However, campaigners argue that the convention's original assumptions, made in 1980, do not adequately account for the prevalence of international relationships and the significant impact of domestic abuse and coercive control.
Campaigners like Ruth Dineen of the Filia Hague Mothers campaign and Roz Osborne of Globalarrk highlight that the current system often disadvantages victims due to unequal access to legal aid and emotional support. They point out that summary hearings may underestimate the risks faced by victims and their children, and that children are not always recognized as victims in their own right under the convention, unlike under UK domestic abuse legislation.
Dr. Adrienne Barnett, director of Right to Equality, noted a lack of data on how often domestic violence is a factor in these cases and the outcomes for children and parents. Lisa Smart, a Liberal Democrat MP, described the analysis as long overdue, stating that parents escaping violence should not be treated as wrongdoers by the legal system.
While the government has not provided a timeline for the research, a Home Office spokesperson indicated it is intended to gather evidence for future policy decisions. Conversely, Alison Shalaby, chief executive of Reunite, emphasized the importance of the convention's existing process for returning abducted children and noted the availability of legal aid in cases involving domestic abuse in England and Wales.