UK government to review Hague Convention role in domestic abuse cases

The UK government has announced an investigation into how domestic abuse influences international child abduction cases under the 1980 Hague Convention. The Ministry of Justice’s private international family law team will conduct the analysis, focusing on High Court cases in London from 2024 to 2025.

The review aims to evaluate whether current legal frameworks provide sufficient protection for victims, particularly mothers, who may flee abusive situations and face accusations of child abduction. Legal experts suggest that the impact of domestic abuse and coercive control may not always be adequately recognized as a ‘grave risk of harm’ under Article 13(b) of the Convention, which allows courts to refuse a child's return.

The investigation may seek to challenge the assumption that all instances of child removal are inherently harmful and examine whether the requirement for immediate return of children to their country of habitual residence is appropriate in cases involving domestic violence.