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World Congress on Family Law and Children’s Rights 2025

World Congress on Family Law and Children’s Rights 2025

‘First, the Hague Convention was created at a time when the nuance and subtlety of family violence, much less coercive control as an underpinning dynamic of family violence, was not well understood. Second the related phenomenon of a parent taking children to flee family violence and coercive control and return to their home country with familial supports was not a matter of common identification.’

Members of the Hague Mothers Team organised and presented at a panel at the World Congress on Family Law and Children’s Rights held at the University of Cambridge in July 2025. The panel was called “Reinterpreting the 1980 Hague Abduction Convention in the Light of ‘New Social Realities’: How the Hague Conference Should Respond to Domestic Violence and Abuse”. The panel was chaired by Phillipe Lortie First Secretary of the HCCH, and was moderated by Justice Suzanne Christie, a Division 1 Judge of the Federal Circuit and Family Court of Australia.

Justice Christie set the scene for the panel by reminding everyone that statistical profile of taking-parents is predominantly mothers, and the fact that ‘grave risk’ is the main exception claimed by mothers. She also highlighted that, although jurisdictions vary in the way they provide legal assistance (or not), there is generally an inequality of arms between lef- behind and taking-parents.

Adrienne Barnett of our International Strategy Group presented the preliminary findings of her analysis of three years of Hague Convention cases in England. Her research will go on to consider the relevance of human rights to the cases that involve domestic abuse. Michelle Fernando of the University of South Australia discussed the importance of hearing the voice of the child in Hague matters that involve domestic violence, and the links between the UN Convention on the Rights of the Child and the Hague Abduction Convention.  Miranda Kaye of our International Strategy Group and Jessica Raffal of International Social Service Australia looked at the changes made by the Australian government to try to improve safety for women in Hague matters, particularly legal funding for taking-parents responding to Hague applications. Finally, Merle Weiner of our International Strategy Group compellingly proposed a new multilateral treaty to fix the ‘domestic violence problem’ that plagues the Hague Convention.

Not everyone in the room liked what we had to say, but we consider that it is vitally important to keep reminding people of the reality: that injustices are created and enabled by the Hague Abduction Convention, particularly in cases involving domestic abuse. 

– Associate Professor Miranda Kaye, UTS Law, Australia / FHM International Strategy Group

Dr Charlotte Proudman: Protecting survivors—domestic laws vs Hague proceedings

Dr Charlotte Proudman: Protecting survivors—domestic laws vs Hague proceedings

This blog post by Dr. Charlotte Proudman compares how domestic abuse is addressed in UK family law versus under the Hague Abduction Convention, highlighting the stark discrepancies in protection for victim-survivors, especially mothers and children.

There are worrying discrepancies between UK domestic legislation and practices and the implementation of the Hague Abduction Convention. In the former, there are clear attempts to protect victim-survivors (albeit not always successfully); in the latter, there are limited protections. 

A stark example is in the intention and impact of Practice Direction 12J. For survivors navigating the family courts, this Practice Direction could mean the difference between safety and risk, between being heard and being dismissed. It outlines how allegations of domestic abuse must be approached, how risk to both the parent and the child must be assessed, and what must happen before any decisions about child contact are made.

When raising domestic abuse in family court, this key Practice Direction helps judges and court officers identify the abuse and understand its significance, identify perpetrators, and assess risks to both mother and child. PD12J defines domestic abuse comprehensively—including coercive control, emotional, psychological, and economic abuse—and, critically, recognises children as victims in their own right if they experience or witness abuse. 

It also provides the framework for determining when fact-finding hearings are necessary and sets clear standards: no contact should be ordered unless the safety of the parties is ensured. Significantly, this also applies to allegations that have not yet been determined:

‘Where the court gives directions for a fact-finding hearing, or where disputed allegations of domestic abuse are otherwise undetermined, the court should not make an interim child arrangements order unless it is satisfied that it is in the interests of the child to do so and that the order would not expose the child or the other parent to an unmanageable risk of harm (bearing in mind in particular the definition of “victim of domestic abuse” and the impact which domestic abuse against a parent can have on the emotional well-being of the child, the safety of the other parent and the need to protect against domestic abuse).’ (para 25). 

PD12J is also important when determining whether a fact-finding exercise should be conducted, ‘wherever practicable’, and sets out the relevant test (‘necessary and proportionate’) and the key evidence required. Should the findings show that the perpetrator parent poses a risk to the victim-parent as well as to the child, it states:

‘The court should make an order for contact only if it is satisfied – 

a) that the physical and emotional safety of the child and the parent with whom the child is living can, as far as possible, be secured before, during and after contact; and

b) that the parent with whom the child is living will not be subjected to further domestic abuse by the other parent’ (para 36, 3a-3b).

A key aspect of the directive is that there should be no presumption that contact with an abusive parent is safe or beneficial. PD12J makes clear: the child’s welfare and the survivor’s safety must come first. Always.

The court must ensure the safety of the child and non-abusive parent throughout proceedings and in any contact ordered (see paras 28-30 and 38 of PD12J). PD12J is based on both a clear understanding of current research and an in-depth understanding of the definition, prevalence, and impact of domestic abuse. It acknowledges the absolute need to prioritise the safety and well-being of victim-survivors—both mothers and their children.

An alignment of domestic and international safeguards is long overdue to ensure that mothers and children who are victims of both domestic abuse and the Hague, are not left unprotected.

Dr Charlotte Proudman

Photograph by Jooney Woodward.

An essential new article: Nowhere in the World to Run (The 19th News) written by Olivia Gentile

An essential new article: Nowhere in the World to Run (The 19th News) written by Olivia Gentile

Nowhere in the world to run: The international law ripping children from their mothers. Written by Olivia Gentile

A new investigative feature from The 19th News reveals how the Hague Abduction Convention has been weaponized by abusive fathers to separate mothers and their children. Featuring firsthand stories of 26 mothers and a legal analysis, the piece underscores the urgent need for the reform of the Convention.

Image credit: Robin Hammond for the 19th. June 17, 2025. This is shared from the article: https://19thnews.org/2025/06/hague-abduction-convention-mothers-children/

New Treaty Proposal on Safety for Survivors of Family Violence

New Treaty Proposal on Safety for Survivors of Family Violence

Professor Merle Weiner is the Philip H. Knight Professor of Law at the University of Oregon, and a hugely appreciated member of our International Strategy Group. Her commitment to the protection of victim-survivors caught up in the Hague Abduction Convention has resulted in a number of important papers including the powerful You Can and You Should:  How Judges can Apply the Hague Abduction Convention to Protect Victims of Domestic Violence, published in 2021, and two FHM Expert Papers, one on the ‘grave risk exception’ and one on the inadequacy of Protective Measures.

Professor Weiner has now produced a compelling and eloquently-argued treaty proposal that would ‘fix the “domestic violence problem” that plagues the Hague Convention on the Civil Aspects of International Child Abduction’. 

The proposal has been sent to signatory representatives across the world, and to the HCCH Secretary-General Christophe Bernasconi. We will be asking that the treaty proposal is considered at the Brazil Forum later this year.

The Convention on Safety offers a practical and effective way to safeguard mothers and children who are victim-survivors – of abuse and of the Hague Convention. It remains to be seen whether or not those in power are willing to act on it.

Read the treaty proposal here: Convention on Safety for Survivors of Family Violence Involved in International Custody Disputes, 46 Cardozo L. Rev. 1167 (2025).

Launch of our new training programme – Domestic Violence & The Hague Convention

Launch of our new training programme – Domestic Violence & The Hague Convention

Alongside our partner, Hague Explained, and with the help of domestic abuse experts, we have created a training session on Domestic Abuse and the Hague Abduction Convention, which launches today. The interactive 90-minute session will cover the problems of the Convention for victim-survivors (mothers and their children) and, using case studies, will look at ways in which professionals can support and safeguard protective mothers who are facing further abuse or even loss of custody through this international Convention.

To find out more, email adminhague@filia.org.uk

The Hague Mothers: voices of resilience for the protection of children

The Hague Mothers: voices of resilience for the protection of children

Kim Fawcett and Ruth Dineen discuss the Hague Abduction Convention with our partners WAVE (Women Against Violence Europe). They share powerful stories of resilience and advocacy and reveal the often-overlooked consequences of the Convention for victims of domestic abuse. 

Thanks to WAVE for the opportunity.

New research: We have lost our humanity…

New research: We have lost our humanity…

The bias that prevails in Hague courts, where domestic abuse is routinely minimised or dismissed, and mothers and children are disbelieved, is replicated in family courts worldwide. 

This important paper from FHM member Dr Sonja Aleb-Karlsson (University College London) looks at the impact of these systemic failings on children in England and Wales. 

‘We have lost our humanity’: Incomplete citizens, dangerous experts, and ‘(residential) reunification interventions’ that entrap, punish and harm the so-called ‘alienated’ child within England and Wales family court system’ 

Journal of Social Welfare and Family Law

Krisztina joins the team!

Krisztina joins the team!

Thanks to the funding we have received from Treebeard Trust, we are absolutely delighted to welcome Krisztina Les as our new P/T Administrator and Project Support person. 

Krisztina is a social worker with extensive experience addressing violence against women. She has worked for several years with NGOs focusing on women’s rights, including supporting survivors of domestic violence through crisis intervention and individual case management. She has also played a key role in organising events and campaigns to raise awareness about gender-based violence and reproductive rights. Passionate about feminist principles, Krisztina has delivered training workshops for volunteers and social workers and collaborated with international partners to advocate for systemic change. You can contact her at AdminHague@FiLiA.org.uk

FHM Podcast with Inciteful Sisters

FHM Podcast with Inciteful Sisters

Ruth was recently invited by the podcast team ‘Inciteful Sisters’ to talk about FHM and the problems of the Hague Abduction Convention. 

Please help us raise awareness by sharing widely. Every new person who gets to hear about the brutal impact of the Convention on mothers and children is a potential ally. You can listen on Podbean, Youtube, or Spotify. 

Thank you! And thanks to Bex and Jane for the invitation.

Treebeard Funding

Treebeard Funding

We are absolutely delighted (an understatement) that Treebeard Trust will be funding a part-time administrator for the next year, and have also offered informal and ongoing advice to help us with our campaign. The Trust also fund organisations such as Rights of Women and the Centre for Women’s Justice so we are in very good company indeed.

Having their generous support will significantly expand our scope and increase our efficacy. In particular we have been asked to demonstrate progress against four areas of work:

  • Increased awareness of the issue and injustices among those at risk and those who are in a position to make a difference
  • HCCH and individual states acknowledge and take steps to ameliorate the problem
  • mothers fleeing abuse and facing Hague petitions (and the organisations supporting them) have access to up-to-date resources and support
  • growth in the evidence base related to this issue, both through survivor’s testimony and academic expertise.

Given the expertise and commitment available to us through our members and partners, we can certainly do that. Thank you Treebeard for your faith in us.

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