International Child Abduction

Fleur Anderson Excerpts

Wednesday 22nd March 2023 Westminster Hall

[Fleur Anderson (Putney) (Lab)]

It is a pleasure to serve under your chairship, Mrs Cummins. Thank you for allowing me to speak. I warmly congratulate my London colleague, the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), on securing this hugely important debate. It will not be top of the headlines today, but this issue is of high importance to many families across the country. When we talk about crimes, we describe some crimes as being high in number but low in impact and others as low in number but very high impact, and that is what we are talking about today.

It has been a pleasure to work with the hon. Member for Ruislip, Northwood and Pinner on this issue. I hope this debate is a watershed moment for those parents suffering because of this injustice. I hope that it acts as a wake-up call to Government to right a wrong that was done—inadvertently, I believe—over the time of Brexit and can be put right.

We are talking about children who are settled in school, settled in their communities and with their families, including their wider family. I am here on behalf of a constituent who is a wider family member, not a parent. That shows the impact that child abduction has; it impacts not just the parents and the close family, but the wider family.

These children are seeing their mother and father on a regular basis in accordance with what the UK courts agreed and stipulated, but then, without the consent of one of the parents, the other parent suddenly, and illegally, takes the children, or the child, from that stable home and community, and relocates them in another country. Twenty-eight days pass and the children are still not home. At this point, under UK law, such actions become a criminal offence called parental child abduction. The parent knows where their children are and who they are with, and they know that a criminal offence has taken place and that their children have been taken illegally. They try all the legal procedures and remedies one by one, but they have been failed and let down by them, and then they are left without their children, without justice and without help and hope. I cannot imagine the despair felt by those families.

The sad reality is that, in 2021, over 1,200 cases involving child abduction were considered by the UK courts. That is not just a handful of children. But the core problem, and the reason why we are here today, is that Brexit left a gaping hole in the legal framework that is supposed to protect children and parents from this crime and ensure that children return to their settled homes. There is a human right to a family life—a human right to live with your family and, where this is not possible, the right to regular contact, which is being contravened by the situation at the moment.

Up until the withdrawal agreement, families could rely on the Brussels II regulation. That piece of EU law provided greater protection for victims of child abduction by ensuring the reciprocal enforcement of family court orders. In matters of child abduction, if the child is not returned under the 1980 Hague convention, the court in the country from which the child was abducted can make its own finding as to whether return is necessary, which is automatically enforceable in the other country. The process is generally quick and completed within a matter of weeks, and it enables that human right to be upheld, but this vital protection was stripped from the statute book after Brexit and has not been replaced.

The most frustrating thing is that, in the intervening years, the Government seem to have been tone deaf to the problem and have not yet worked out a solution, so I have been reading the views of the current Secretary of State in various pieces of correspondence. What he has said so far suggests that he has not really turned his full attention to the issue or worked hard to get a solution. For instance, he said that:

“The Government is satisfied that the 1980 Hague convention provides an appropriate mechanism to seek the return of children wrongfully removed from the country of habitual residence.”

However, I do not agree with that and neither do victims. It is not what we are seeing from families coming to us. It may be true of certain countries, but there is huge variation in how rigorously the convention is applied. The UK and Australia may be held up as examples of good practice in returning children swiftly, but some countries rarely return children promptly, if at all.

We have focused on Poland today, and I agree that Poland is a strong ally and a friend of our country. I have many Polish constituents who are a valuable part of our community, but Poland seems to be one of the problem countries in this regard. Estimates from Polish family lawyers suggest that less than 5% of all abducted children are returned, and a look at the latest publicly available data shows that the number of returns from Poland is consistently below the global average. Last year, legislation was passed in Poland that allows the return of a child to be suspended if the prosecutor general, the commissioner for children’s rights or the commissioner for human rights issues an extraordinary appeal to the Supreme Court. For whatever reason, there seems to be growing resistance in the Polish courts to return children under The Hague convention, which is why it is important to hold this debate now and to solve the problem before it becomes embedded.

It was very concerning to read the Secretary of State’s view that the UK must respect the jurisdiction and laws of Poland. I agree that we must respect those laws, but the Polish courts need to respect the decisions of our courts and the rights and welfare of British children who have been taken from their home. The Government may well argue that additional protections exist in the form of the 1996 Hague convention, which reinforces the 1980 convention by underlining the primary role played by the authorities of the child’s habitual residence in deciding on matters that affect the child in the long term. In short, it helps with enforcement, but there are big problems with this option too.

First, it is far slower, usually taking around a year to be processed. A year of young children’s lives is a year far too long. Secondly, the 1996 Hague convention allows the country to which children have been abducted to exercise discretion. The destination country may choose to ignore this on domestic policy grounds. Therefore, in certain countries, where there is resistance to returns, the return of abducted children may be near impossible, and that cannot be justice.

The main takeaway from this is clear: ending our participation in the Brussels regulations has left victims of child abductions and our own courts worse off. I end with some questions to the Minister. Why are the Government dragging their heels on reinstating the Brussels regulations? Can she provide any good reasons for their doing so? Will she recognise the serious pitfalls and inadequacies in The Hague conventions? What discussions has she had with countries with a low return rate, such as Poland, and will she recognise the fact that that is the situation? How can we ensure that their courts respect decisions made in our courts? Will she meet hon. Members who are here today, in this debate, to look at the particular cases that we are raising? I implore the Minister to show common sense and justice, and restore Britain’s participation in the reciprocal enforcement of court-ordered child arrangements under—

[Judith Cummins (in the Chair)]

Order. This sitting will be suspended for 15 minutes for a Division in the House, or 25 minutes if two Divisions are expected.

--- Later in debate ---

[Judith Cummins (in the Chair)]

Order. The debate may now continue until 4.17 pm. I call Fleur Anderson to conclude her remarks.

[Fleur Anderson]

Thank you, Mrs Cummins.

To conclude, the main takeaway is clear: ending our participation in the Brussels regulation has left victims of child protections and our own courts worse off. There was a legal regulation in place, but that legal regulation now needs to be put into our own UK law. There were supposed to be Brexit benefits, not exactly the opposite. Back in 2017, the Justice Committee said:

“We recommend that the Government should seek to maintain the closest possible cooperation with the EU on family justice matters, and in particular to retain a system for mutual recognition and enforcement of judgments.”

That is exactly we are talking about now.

Surely no one intended the UK’s withdrawal from the EU to remove our country’s ability to protect British children from abduction. The absence of this protection from the withdrawal agreement is yet another oversight in a deal that was far from “oven-ready” and that has exposed families such as that of my constituent, and of the constituents of other Members, to the pain and trauma of abduction. That cannot be left to diplomatic fixes and to the whim of which ambassador will work with us in another country; instead, there must be a legal fix for justice to be seen. It can and must be fixed.