International Child Abduction

Debate between Judith Cummins and Andy Slaughter

Wednesday 22nd March 2023 Westminster Hall

[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.