International Child Abduction

Debate between Jonathan Lord and Judith Cummins

Wednesday 22nd March 2023 Westminster Hall

[Mr Jonathan Lord (Woking) (Con)]

Thank you, Mrs Cummins, for the opportunity to speak in the debate. Like my colleagues, I believe that this is an important topic, and I commend my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) for securing the debate.

First, I welcome the supporters of the group Hague Mothers, who are attending the debate. As we know, the 1980 Hague convention was intended to ensure the quick and safe return of children removed from their primary carers and taken abroad by their non-custodial parents. In that regard, the convention is highly effective. Hague Mothers, however, points out that about 75% of the parents brought before the courts are mothers with the primary care of their children, most of whom are fleeing domestic abuse or trying to protect their children from abuse.

There are limited options under the convention for mothers to oppose orders for the return of their children, and in most cases the courts decide that the child must return. The only defence available under the convention that could apply to domestic abuse is the article 13(b) defence that provides that the court may not order return of a child if the person opposing return establishes that

“there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”

The courts of most contracting states interpret what constitutes a “grave risk” very strictly. Most cases of domestic abuse are not considered to give rise to a “grave risk” or “intolerable situation” for a child. In particular, it is almost impossible for mothers to prove that coercive and controlling behaviour, which has rightly been a criminal offence in England and Wales since 2015, constitutes the basis for an article 13(b) defence. Despite the Domestic Abuse Act 2021 stipulating that children who see or experience the effects of domestic abuse are victims in their own right, those same children can be and are returned to the country and often the care of the abusive parent.

Mothers escaping domestic abuse across borders are therefore left in the terrible position of having to choose whether to return with their children or to send their children back on their own. Most mothers decide to return and face continued, or worse, post-separation abuse; sometimes, they face destitution, homelessness, isolation or even criminal proceedings. They frequently have little or no family, social, financial or legal support, which provides a perfect context for continued abuse.

I want to bring the attention of the House and the Foreign Office to the case of my constituent Nataly Anderson, who is appealing for assistance from the UK Government in bringing her twin boys safely to the UK from Croatia.

[Judith Cummins (in the Chair)]

Order. I take it that the hon. Member is not referring to a live case in UK courts.

[Mr Lord]

It is not a live case.

Nataly Anderson says that her British-Croatian twin boys, who are now nine years old, were taken back to Croatia on the pretext of a holiday by their father in 2016, just as the family had been establishing their life in England, including schooling for the children. She requests that the British Government escalate her complaint about Croatia with the bodies of the European Union, and warns that parental alienation claims can be used to cover up child abuse, including child abduction, to award custody to abducting or abusive parents, and to stop mothers and children moving to locations where they would have more favourable living conditions. She believes that is what has happened to her and her children in Croatia. She believes, further, that mothers and children who are not protected properly from domestic abuse have a human and legal right to asylum in another country, and that those rights should be upheld and enforced. She asks that the phenomenon of mothers and children fleeing across borders to escape from abuse be considered a humanitarian crisis and advocates for the approach advanced by the Hague Mothers project, as one that could be easily implemented and would do much to support the safety and welfare of mothers and children in this situation.

In her own words, Nataly Anderson says:

“This is now a child welfare matter. These are vulnerable children and it is unconscionable that the Croatian authorities have been violating their rights, wishes and welfare needs for so long. I am appealing for the urgent assistance of the UK Government in bringing my children safely home.”

She requests that the British Government raise the question of her case with all the relevant bodies of the European Union.

I have been trying to help and assist my constituent. I am grateful to the Foreign Office and the Passport Office for correspondence I have received. I know how assiduous our Foreign Office, embassy and consular officials are and often can be, but I appeal to the Foreign Office Ministers to have one further look at this case. I will not take up any more time today, but this is an important debate and I have been interested to hear about the other cases that hon. Members have brought forward today.