British mothers who return to the UK with their children after fleeing domestic abuse abroad, and who may face accusations of abduction, could receive enhanced legal protection and support. The government has committed to examining the role of domestic abuse in international child abduction cases.
This review aims to provide greater assistance to survivors of domestic abuse who are challenging partners' demands for their children to be returned to their home countries. The Ministry of Justice's private international family law team will conduct the analysis, focusing on all cases heard in the High Court in London between 2024 and 2025 under the 1980 Hague convention.
The Hague convention typically requires signatory countries to return children unilaterally removed abroad within six weeks, allowing courts in their home countries to determine future arrangements. Campaigners hope this analysis will challenge long-held assumptions within the convention that all child abduction is harmful and necessitates immediate return.
Ruth Dineen of the Filia Hague Mothers campaign noted that circumstances surrounding international child abduction have changed significantly since the convention's introduction in 1980, with more international relationships and a greater understanding of domestic abuse. Roz Osborne, head of Globalarrk, expressed hope that the government's analysis would help create a more equitable situation for victims of domestic abuse.
A Home Office spokesperson stated there is no timeline for the new research, but it is intended to provide robust evidence for potential future government policy on the convention's operation in England and Wales. Alison Shalaby, chief executive of Reunite, emphasised the importance of children being returned immediately when abducted, noting the Hague convention offers a clear court process and defences for parents in England and Wales, where legal aid is available in domestic abuse cases.