The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to “secure the prompt return of children wrongfully removed to, or retained in, any contracting state and to ensure that rights of custody are protected.” While this Convention aims to act swiftly in cases of international child abduction, it was drafted with a specific scenario in mind: a non-custodial parent, typically the father, unlawfully removing the child from their country of residence to gain legal custody. However, data from 2021 shows that 88% of such “abductions” are carried out by custodial parents, with 94% of those being mothers—many fleeing domestic abuse to protect themselves and their children. As a result, these mothers often find themselves facing legal proceedings under the Convention, forced to return to the very situations they sought to escape.
Recognising gaps in the protection of children in court proceedings concerning domestic violence cases, WAVE launched the Safeguarding and Empowering Children Project in 2022. A key resource of this project is the Toolkit for Victim-Friendly Judicial Practice in Child Custody, Contact, and Visitation Matters, which provides comprehensive, interdisciplinary guidance on judicial practices that prioritise the safety and best interests of the child.
This toolkit, available in English, German, and Croatian (with a Hungarian version forthcoming), advocates for linking domestic violence protections with custody and visitation decisions and aims to improve practices across Europe’s judicial and administrative systems.
In developing the toolkit, WAVE collaborated with the Hague Mothers Project, a legacy initiative of the UK-based, women-led organisation FiLiA. Hague Mothers brings invaluable experience and advocacy to the cause, spotlighting the unintended harm caused by the Convention to mothers and children affected by domestic abuse. Through this collaboration, WAVE has expanded its mission, creating a powerful alliance for reform in child protection in judicial practices across Europe.
For a closer look into these complex issues, tune into our podcast episode featuring Ruth Dineen and Kim Fawcett from the Hague Mothers Project. Drawing on their expertise and personal experiences, Ruth and Kim share powerful stories of resilience and advocacy. They reveal the often-overlooked consequences of the Hague Convention’s application in cases involving domestic abuse, and the efforts of Hague Mothers to push for changes that prioritize the safety and rights of mothers and their children worldwide.
Ruth Dineen
Hague Mothers Project
“I just could hardly credit that a treaty intended to protect mothers and their children was being used against them in this way. So, our clear aim is to end the injustices caused by the Hague Abduction Convention, but specifically for mothers and children who are victims of domestic abuse or coercive control or any sort of abuse.”
Kim Fawcett
Hague Mothers Project
“The amount of women who are losing custody of their children and never seeing their children again is heartbreaking. I feel lucky in many ways that I managed to keep my child, because so many women don’t. I remember that fear of thinking, they are going to take my baby from me. Knowing what we know now: That is the reality for so many women who are trying to do the right thing by taking their children away from a violent situation, which they were going to be criticised for if they stay, but then they are criticised for leaving. It is a no win situation.”
Featured image (cover) via Canva
