Child Abduction Central Authority - Figures for 2004 (Click to Download)

Child Abduction Seminar 7th March 2003 (Click to Download)

Irish Centre for Parentally Abducted Children 

 Telephone 01 6620667

 

European Parliament President's Mediator for Transnationally Abducted Children
 

Mediator's Report 2003 (Download)


The President's Mediator for Transnationally Abducted Children is a position created by Lord Plumb, former President of the European Parliament. In 1987 a delegation of French mothers, whose children had been taken to Algeria by their fathers, attended a plenary session in Strasbourg and handed in a petition to the President, who undertook to appoint a Mediator with specific responsibility for parental abductions. He appointed Marie-Claude Vayssade, a French MEP who was chairperson of the Legal Affairs Committee.

When Madame Vayssade was not re-elected to the European Parliament, the position lapsed until 1995, when Mary Banotti MEP was appointed by Klaus Hansch, in response to a request made by the Petitions Committee. The number of petitions on the subject had increased to the extent that the Committee could no longer deal with them as part of its normal workload.

Mary Banotti has since been reconfirmed on three occasions to the position. In 1997, by President Gil Robles and in 1999, by President Nicole Fontaine and in 2002 by President Pat Cox.   Mediators Report 2003 

Although the President's Mediator does not have a statutory role, the fact that the Mediator is representing the European Parliament means that an intervention does carry a certain amount of moral authority and Central Authorities and professional organisations increasingly recognise it as fulfilling a useful and necessary function.

Most of the cases referred to the Mediator are cases where the parties concerned have exhausted all other avenues. When a case is referred to the Mediator, contact is immediately made with the petitioner and in most cases, their legal representative, to see whether an intervention would be useful or appropriate. If the case is being dealt with under the Hague Convention, on the Civil Aspects of International Child Abduction, the Central Authorities of the countries in question. In many cases solutions have been found through a combination of networking and diplomacy and the intervention of the Mediator can be helpful in reactivating dossiers that have been dormant. The Mediator plays an active role in highlighting the shortcomings of the various legal instruments and raises these issues at a political level.

Since her appointment, Mary Banotti has built up an extensive network of contacts, not only at European level, but world wide, and has just been appointed to the Board of the new Washington bases International Centre for Missing and Exploited Children. She is also currently setting up a charity in Ireland to be known as ICPAC (Irish Centre for Parentally Abducted Children).

Background
As borders have opened and travel between countries becomes more common the incidence of bi-national marriages and relationships have increased. When such marriages break down the question of custody can often be a particular source of painful conflict, with the added difficulties of languages and culture.
The incidences of child abduction in such situations is increasing.

The Legal Context
Two main Conventions deal with the issue:
The Council of Europe Convention of 20th May 1980 (the Luxembourg Convention)
Relates to recognition and enforcement of decisions concerning custody of children and on restoration of custody of children. The Convention assumes that a decision has been made on custody and seeks to have that decision recognised in another State. It was designed to ensure "the protection of children from the harmful aspects of their wrongful removal or retention".
The Hague Convention of 25th October 1980
Deals with the civil aspects of child abduction and seeks to ensure the immediate return of a child wrongfully removed from custody in the State of habitual residence, irrespective of whether there is a final decision on the custody issue.
The Mediation Process
Cases come to the Mediator by three routes:
Direct referrals.
Referrals from the Committee on Petitions.
Referrals from other MEP's.
The emphasis at all times is on finding a voluntary settlement in the interest of the child or children concerned.

On receipt of a case:
Contact with the petitioner/and their legal representation is made to assess whether intervention is useful.
Under the Hague Convention, if the case relates to civil aspects of international child abduction, contact is made with the Central Authority of the countries concerned.
Where necessary, contact is made with the Embassies of the countries concerned.
Interpol, the National Policy and Social Workers may also be contacted.
The involvement/intervention of the EU Mediator carries certain authority and can speed up/reactivate processes.

Key Problems
Where the parents are from radically different cultures/backgrounds.
Where the family law frameworks are very different or in direct contradiction.
Where States have not signed the Conventions.
Where States sign the Convention but fail to apply the principles rigorously.
Interpretations by inexperienced Judges.
The Hague proceedings being used as a custody/access proceeding rather than a summary proceeding.
Bias in favour of the parent who is a national of the country where the case is heard.
Lack of enforcement of return orders.
Slowness of procedures.
Cost and whether the applicant parent will be able to get free legal aid.
Parental abduction not being perceived as a problem in some countries.
Absence of specialist courts.
Low level of awareness of the negative impact of parental abductions.
Work of the Mediator in 1998
The Mediator's office in Brussels dealt with 30 cases in 1998.

In 7 cases the children were returned, 4 voluntarily and 3 by Court order. The remaining cases are still live.

The Mediator's Dublin office dealt with 11 cases:

Abductions into Ireland 7
From: UK 3
US 2
Germany 1
  Norway 1
   
Abductions From Ireland 3
To: UK 1
US 1
Israel 1

In 6 cases the children were returned, 4 voluntarily and 2 by Court order. In 8 cases the Hague Convention was applicable.

The Mediator also receives numerous requests for advice and help from parents as well as calls from the media.

Mary Banotti MEP is also Chairperson of the Irish Centre for Parentally Abducted Children (ICPAC)