International Child Abduction

Judith Cummins Excerpts

Wednesday 22nd March 2023 Westminster Hall

[Judith Cummins (in the Chair)]

Before we start, I welcome members of the public to our proceedings. I remind Members here to err on the side of caution so as not to prejudice any live cases in this country.

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[Several hon. Members rose—]

[Judith Cummins (in the Chair)]

Order. Before I call our first Member, I remind Members to err on the side of caution in order not to prejudice cases that are live in this country.

[Andy Slaughter (Hammersmith) (Lab)]

It is a pleasure to serve with you as Chair, Mrs Cummins. I congratulate the hon. Member for Ruislip, Northwood and Pinner (David Simmonds) on securing the debate and setting out, in his usual clear and methodical manner, the issues that we will deal with.

I know that other hon. Members, without crossing any sub judice rules, will want to talk about individual constituents’ cases, and to use them, as I intend to, to illustrate this serious matter. I could not agree more with what the hon. Gentleman said; this is about where proceedings have taken place and due process has been followed, often at great expense, and where, almost invariably, one party is unhappy with the outcome—normally litigation—but resolves that simply by not following the rules and by taking children out of the jurisdiction. The question is: what happens then? Does the system work? If it does not work, how can we make it work?

I wish to focus on a rather specific area of the issue, with its own particular problems. I have given notice to the Minister and the shadow Minister that I will raise issues that specifically relate to the Turkish Republic of Northern Cyprus, where there are all the usual problems and more—that is, children being taken out of this jurisdiction to that jurisdiction without the consent of the responsible parent. Perhaps we should call it an unintended loophole as, because the children are taken to the TRNC—if I may call it that—against the direction of the courts, and because northern Cyprus is not a signatory to The Hague convention on child abduction, the systems break down almost immediately. Our Government rightly do not recognise the TRNC, but there is therefore no co-operation, even from stage one, in organising the return of the children, even though, as I say, due process has been followed. I appreciate that there are particular problems with other countries; Poland has been mentioned already. There are always problems in child abduction cases and I think that all Members present today will have dealt with quite a number of them, but with northern Cyprus we do not even get to first base.

The constituency case that has been brought to my attention, which I think illustrates the issue well, is that of a father whose children were taken to northern Cyprus in 2018. The two parents separated in 2011. Residence proceedings began for two brothers who were then aged four and two years old. There were seven years of litigation, which again is not uncommon, because one parent made it as difficult as possible for the court to do its work over that period. There were many court hearings and appeals, and much turmoil, and a final appeal decision in 2018 unambiguously granted custody to the father.

The children, who were four and two at the beginning of the process, were 10 and eight at the end of the proceedings in this country. They were then taken out of this jurisdiction and are now aged 15 and 13. They have spent most of their lives embroiled in litigation or its consequences, because on the day before the final appeal decision was handed down, and in knowledge of what that decision was likely to be, the mother fled to the TRNC with the two children, following a convoluted route that went from Scotland to Northern Ireland to the Republic of Ireland to Turkey and then finally to northern Cyprus. One can infer from those facts that she knew exactly what was happening and that there was a disregard for the law in this country. The father has not seen his children since and has had no contact with them. He continues to instruct counsel in northern Cyprus, again at further significant personal cost, to try to arrange some visitation rights. However, any attempts to have his children returned to him have encountered immovable barriers.

All the proceedings through all the UK courts are not taken into consideration. I think they will be read for reference, but clearly they do not apply in northern Cyprus. There is likely to be some bias towards resident rather than non-resident parents; clearly, neither the father nor the children is at fault for that. There is also no role for child welfare—that is, it is a pure consideration of rights of visitation. The whole process is starting again, with the time and the costs and everything else that that involves.

A return order is in place. The UK authorities, like the father, are aware of the children’s location in northern Cyprus, but there has been no action. The courts in England and Wales recognise the father as the legal guardian of the children, but they are powerless to bring them home unless the mother co-operates with the return order, which all her conduct so far has shown that she will not, or unless—this is the point of my taking part in the debate—the UK authorities are able in any way to intervene. This is not an isolated case. As I am sure the Minister has been made aware, other parents face a similar ordeal to be reunited with their children with little or no support or guidance on how they to do that.

It is easy to find out, simply by internet research, that some organisations give advice and assistance to help those who wish to leave this jurisdiction to do so, and a number of parents have specifically gone to northern Cyprus because they know of the jurisdictional problems —or fracture—and that it is therefore a place where they can more easily escape the enforcement of judgments by UK courts. The Government should be particularly concerned about that, if there is an organised flouting of court orders that brings the whole process into disrepute. I am told that this has been going on for more than 10 years.

As I have said, there are now a growing number of cases—word gets round, people find out. In my experience, this is quite an unusual form of child abduction. It is going to a location with which the errant parent may have no connection. It is not, as is often the case, somebody taking a child back to their own country of birth, or where they have existing contact links or other family. This is about purely using a jurisdiction that is unlawful in the eyes of many countries, including the UK, in order to escape attention.

To be honest, it is not good enough for the Foreign, Commonwealth and Development Office to say that there is nothing that it can do about this, and, effectively, that is what it says. If we look up the TRNC on the FCDO website, we will see that there is a specific footnote to say that there is nothing that it can do in child abduction cases. That is not satisfactory. It may be that the Minister cannot give a full response today on what legislation or other steps would be needed, but I hope that this is at least the start of a dialogue that will look at that. I would like to hear from the Government what their thoughts are on this matter. I would also like the Minister’s agreement that we can go away and look at the cases of children taken to the TNRC specifically against the rulings of the courts in this country.

Perhaps I should add that there is some below-the-radar contact between the two jurisdictions. There have been examples in serious criminal cases of co-operation between the law enforcement agencies of both countries. I am told that we recognise the qualifications gained through the education system in northern Cyprus. I know that in this country property is advertised for sale in that area and, indeed, that many holiday companies in the UK will offer holidays there as well.

I understand the Government’s dilemma that they do not want to give plausibility or credibility to a country that has been illegally occupied for a number of decades, but the fact remains that it is in people’s humanitarian interests—and, it appears, in commercial interests, as well as, in some cases, law enforcement interests—for business to be done in that way. I would say that child abduction cases are certainly as serious a matter as commercial dealings and recognition of qualifications. It is clear that there are practical means, as well as some legal means, that can deal with this situation.

Before I conclude, let me suggest one or two other things that could be done. The first is that there is no legal aid available for non-Hague convention cases, which seems a double unfairness. Many parents fighting to bring their children home face huge pressures on their finances and, no doubt, some simply cannot afford to continue. Such proceedings can be ruinously expensive and can run on for years—often through deliberate delay in the courts. Unless there is some financial assistance—this should not be a matter of how deep people’s pockets are—it may be that some families will never be reunited and children will remain separated from their parents.

I would also like the FCDO to look at how we engage specifically with individual countries and jurisdictions on the issue. Clearly, there is not a one-size-fits-all answer. It would be useful to have a clear procedure that applies to the TNRC as well as to other countries where there are particular problems. It would also help if there were a more proactive role for Government to work with parents in that position to identify pathways for the return of their children. To prevent what happened in this case, the Government could consider the suspension of children’s passports during residence proceedings to limit the chance of children being taken abroad to avoid complying with court orders.

I will leave my remarks there. I am interested to hear what my hon. Friend the Member for Enfield, Southgate (Bambos Charalambous) says. What I am looking for from the Minister is an acknowledgment that there are particular problems with the TRNC and such countries, and that they are not being addressed now. I would like some idea of what the Government think can be done. If there are other matters that can be raised in correspondence after this debate, then so be it, but I would like to see a willingness to engage with myself and my constituent, as well as other people who have been affected in the same way, to address the issue.

The problem has been going on for far too long now. It has been put into the “too difficult” column because of political and jurisdictional issues. However, as a consequence, court orders made in this country are being flouted, and, more importantly, children are growing up without seeing parents because one parent does not like the judgment they have been dealt. I hope we can make some progress today, although I realise it is the beginning, rather than the end, of the matter.

[Judith Cummins (in the Chair)]

Order. I ask Members to keep their remarks to around seven or eight minutes, then we can get everybody in.

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[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.

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On resuming—

[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.

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[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.