The UK government has announced plans to review how domestic abuse is considered in cases involving the international return of children under the Hague Convention, aiming to enhance legal protections for mothers who flee abusive partners abroad and bring their children back to the UK. The move comes amid concerns that survivors of domestic violence face significant challenges when accused of abducting their own children.

Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, signatory countries are obliged to return children who have been removed from their habitual residence without consent, typically within six weeks, so courts in the child’s home country can determine future custody arrangements. In England and Wales, approximately 500 applications per year seek the return of children under the convention. Between 10% and 20% of these cases result in children being separated from their primary carer following court orders.

The Ministry of Justice’s private international family law team will analyze all high court cases arising under the convention between 2024 and 2025. The review will specifically examine how domestic abuse factors into legal decisions involving child return orders and explore ways to offer greater support to survivors when responding to requests from former partners to repatriate children.

Claire, a British mother living in the United States with an abusive partner and two young children, described the ordeal faced by mothers in such circumstances. After enduring years of domestic violence and fearing for her life, she fled with her children back to the UK. Although she initially lived in hiding, she later had to apply for public assistance, which triggered a swift legal response under the Hague Convention. Authorities summoned her to court within nine days to address her children’s return.

Despite having legal representation funded by her personal savings, Claire said much of her evidence about domestic abuse was disregarded. Her case was ultimately decided in her favor only after her eldest child, who was close to 14 years old—the age at which courts begin to consider a child’s views—was allowed to give evidence.

Campaigners for domestic abuse survivors have welcomed the government’s commitment to reviewing these cases, emphasizing the need for the legal system to more effectively protect victims who relocate to escape violence. They hope that enhanced understanding of domestic abuse in international child abduction proceedings will lead to fairer outcomes and additional support for affected families.