International Child Abduction

Bambos Charalambous Excerpts

Wednesday 22nd March 2023 Westminster Hall

[Bambos Charalambous (Enfield, Southgate) (Lab)]

It is a pleasure to serve under your chairship today, Mrs Cummins. I start by thanking the hon. Member for Ruislip, Northwood and Pinner (David Simmonds) for securing this important debate and bringing his constituent’s distressing case to light. I welcome the productive contributions that have been made throughout the debate, and am reassured by their positive tone.

The parental abduction of a child is one of the most painful experiences any parent can endure. It is a hugely distressing matter for the family members affected. On behalf of the Labour party today, I send my heartfelt condolences to anyone who has suffered this ordeal, particularly the constituents whose cases were raised by the hon. Members for Bolsover (Mark Fletcher) and for Woking (Mr Lord).

As the leading charity in this area, Reunite International, sets out so eloquently,

“The modern world is increasingly interconnected.”

With the development of affordable international travel and new methods of instant communication with people across the world, it is only natural that relationships are becoming more and more international. Many children are born to parents who hold different nationalities, and some children are born in a country that is not the country of birth of either of their parents. Whole families relocate to new countries to explore new opportunities, and some parents end up living in different countries from their children for a variety of reasons.

Unfortunately, while this greater global interconnectivity can have its benefits, it also has its challenges and risks. For many parents, the increasingly international nature of their lives greatly adds to the unusual relationship tests and strains we all recognise and know—for example, when parents cannot agree on where they should live, when moving involves one parent giving up a promising career to support another, or when one parent does not want to move abroad at all. Naturally, for some, these trials and tribulations will eventually become too much, and relationships will break down and come to an end.

These situations are undoubtedly incredibly difficult, but in the majority of circumstances, the partners will come to a mutual understanding—a compromise—on who should accept the day-to-day responsibility of the child and what role the other parent will play in the child’s life. If there is an irreconcilable dispute, it might in some cases be necessary for the courts to decide what arrangements should be put in place, bearing in mind the age of the child and what would be in their best interests. In thankfully very few cases where no compromise can be reached, one parent may resort to taking unilateral action to forcibly move their child to a different country, without the consent or knowledge of the other parent. That is what we consider as international parental child abduction.

It is quite difficult to gauge just how prevalent this problem is in the UK today, although some data does exist from the last few years. For instance, using freedom of information requests, the British charity Action Against Abduction found that 227 children were abducted by their parents in 2016-17 in England and Wales alone. As for international child abductions, the most recent statistic I could find from the Foreign, Commonwealth and Development Office comes from 2013-14—almost a decade ago—when 553 unique international child abduction cases were logged in the course of the year. However, it is difficult to get numbers on the scope of the problem today, which is disquieting for an issue of this importance.

To get a better sense of the problem, I spoke to the British charity Reunite, which informed me that it had logged 515 new abduction cases in 2022. Although that charity emphasises that that was not a perfect measure of the scope of the problem, it makes it clear that parental child abduction is a serious problem that requires a serious response, not only by us as a country but with our international allies.

Because there is no such thing as a “typical” family, there is also no such thing as a “typical” child abduction case. Yet in the broadest terms, an international parental child abduction occurs when a parent or other connected adult takes a child into another country against the wishes of another person who has a parental relationship with the child. That presents a unique enforcement problem, because the child is now in a country with different laws from those in the country that the parent who is making a claim to have them returned lives in. The hon. Member for Ruislip, Northwood and Pinner emphasised this situation in relation to Poland, as did my hon. Friend the Member for Putney (Fleur Anderson). These cases are serious and unique and require great care.

Luckily, the international community came together and, in an inspiring example of the international rule of law, created The Hague abduction convention in 1980. The convention standardises across countries rules for dealing with cases of child abduction and streamlines the procedure to reunite children with the parent who should have parental responsibility. Of course, as we have heard throughout today’s debate, there are problems with that framework. Those were set out by my hon. Friend the Member for Putney and also mentioned by the hon. Member for Hendon (Dr Offord). Hon. Members have today presented the most serious problem: that too few countries have fully ratified The Hague abduction convention as we have done in the United Kingdom. Moreover, the specific rules regarding when a child becomes “habitually resident” for the purposes of the convention are not easy to understand and not always clearly applied. In some places, they are not able to be applied at all.

We heard from my hon. Friend the Member for Hammersmith (Andy Slaughter) about his constituent whose partner took their child to occupied north Cyprus, which is rightly not recognised as a state in international law and seems to have become a haven for those wishing to avoid law enforcement. My colleague suggested a number of measures, which I would ask the Minister to consider, but perhaps there needs to be a strategy for dealing with territories, such as north Cyprus, that are not internationally recognised as states.

Another problem, of course, lies with the support networks available to mothers and fathers who find themselves at the heart of child abduction cases. The FCDO can provide much-needed support to British nationals affected by international child abduction. Consular officers can advise left-behind parents of the most effective ways to contact the legal authorities of the country in question and make them aware of their parental responsibilities. Should that fail, the FCDO can liaise with local authorities and, with the permission of the UK courts, present authorities with court orders served in the UK. Consular officers can also recommend lawyers who may be able to support the parent, should the case require specialist legal advice. Finally, consular officers can put families in touch with trusted organisations that have become expert in this area and can offer specialised support and mediation services. Yet we must remember the limitations of what support FCDO consular officers can offer.

Although the FCDO can offer support and advice, we must remember that it is not a law enforcement body and nor can it offer its own legal advice. Similarly, although the FCDO can draw the attention of foreign courts to legal orders issued in the UK, it is unable to enforce these orders in foreign courts. Likewise, it is unable to compel foreign jurisdictions to accept or comply with legal obligations, whether in national or international law. This leaves a gaping hole in our national response mechanism to these types of events, particularly when children are taken unlawfully to a country outside The Hague convention.

With that in mind, I look forward to hearing what the Minister feels the Government can do to improve the support that we can offer parents and families who have a child that has been abducted. What more can we do as a country domestically to support parents in this situation? Might the provision of additional funding to wonderful charities such as Reunite and Action Against Abduction, who are so brilliant in this area, be part of the solution? Should the Government be doing more with our international allies to revisit The Hague convention and update it, in order to close its loopholes and better reflect the realities of modern family life? Could the Government put more effort into increasing the ratification of The Hague convention to ensure greater global coverage of its provisions? Finally, will the Government follow Labour’s lead in calling for a legal right to consular advice for British nationals in distress that would replace the current discretionary consular advice?

I thank colleagues from all parties for their thoughtful and measured contributions to this serious debate. As we have heard many times today, for a parent there is nothing more important than knowing that they will have continued and safe access to their child, whatever country they or their child find themselves in. The current international efforts to achieve this are laudable, but we all agree that more can and must be done to prevent more families from suffering the enormous pain of child abduction.