Mediation in Situations of International Parental Child Abduction – A Third Way
Helen Freris
Recent media reporting once again reminds us of the pain and turmoil consequent to situations of international parental child abduction (IPCA). The grief and pain of the left-behind parent can be imagined, but it is the children who ultimately bear the upheaval and dislocation caused by escalating parental hostility, and one parent’s unilateral action to remove them beyond the reach of the other.
As highlighted by the case involving Lebanon, where the straightforward remedy of the 1980 Hague Convention on the Civil Aspects of International Child Abduction does not apply, parents may be faced with the complex and emotionally draining prospect of seeking resolution through the legal system of the country to which their child has been taken. It is perhaps not surprising that desperate parents resort to the seemingly expedient services of so-called child recovery agencies, who hold out hope for a child’s swift return. Unfortunately, whether such returns are achieved or not, they leave even greater parental anger and conflict, as well as enormous financial losses for the clients, in their wake. Further, neither a judicial process nor a child recovery attempt will bring about long-term sustainable outcomes for the children involved. After all, what happens for a child if they are ordered to remain in the country to which they have been removed, or a series of attempted removals and re-abductions are experienced? The adults’ focus on the outcome of return does not resolve the child’s ongoing parenting needs.
Perhaps mediation can offer a solution to many families caught in this distressing situation.
In 2012, International Social Service (ISS) Australia drew on its extensive experience providing social work services to parents affected by IPCA to develop an international family mediation service aiming to facilitate the resolution of cross-border parenting disputes, including those involving IPCA. The service’s philosophy is grounded in the right of all children to maintain a relationship with both parents unless contrary to their best interests, as guaranteed under Article 9 of the UN’s Convention on the Rights of the Child. This article, analogous to prevailing principles used in mediation, promotes the contribution of all involved parties in decision-making for children, again with the proviso that the child’s best interests are maintained.