The War in Ukraine and 1980 Hague Child Abduction Convention: to return or not to return?

Today, an event took place, shedding light on an exceptionally important issue—the implementation of the 1980 Convention on the Civil Aspects of International Child Abduction in military conditions. The event was organized by the Committee on Civil, Family and Inheritance Law of the Ukrainian Bar Association.

Oleksandr Gubin, member of the Board of the Committee on Civil, Family and Inheritance Law, opened the event with expressions of gratitude to all the speakers and acknowledged the participation of family law experts. He also recognized the support and dedication of the International Bar Association (IBA) in organizing this event. Elisabeth H Loukas, the second moderator and Chair of the Family Law Committee of IBA, committed to closely monitoring the chat and reading questions coming from participants.

Maria Snizhko, the Chief Executive Officer of the International Law Department of the Ministry of Justice of Ukraine, provided information on the challenges faced by the Ministry of Justice of Ukraine when implementing the 1980 Convention in wartime conditions. She disclosed information regarding the number of requests for the return of children to Ukraine and emphasized the importance of considering all types of applications for the return of children, even those concerning children both in Ukraine and abroad.

Alison Shallaby, Chief Executive Officer at reunite International Child Abduction Center, discussed the challenges and complexities associated with international child abduction, including cases related to Ukraine. She underscored the importance of discussing policies related to The Hague Convention and emphasized the need to protect the rights of children and their return to their familiar environment.

In the context of the United States and The Hague Convention, Stephen John Cullen, Senior Vice Chair of Family Law Committee of IBA, emphasized the complexity of resolving cases of international child abduction due to the large number of international families involved. He examined American laws and mechanisms related to the registration and enforcement of foreign decisions regarding child custody, taking into account the policy of The Hague Convention.

Farrah Hudani, Burrison Hudani Doris LLP, highlighted the importance of returning children in accordance with The Hague Convention as a less traumatic path and a crucial step in resolving these cases. She also pointed out the need for financial support for families and psychological preparation for children and their families.

Karin Susanne Delerue, Managing Partner at Delerue Rechtsanwälte, emphasized the importance of a swift legal process in Germany and cautioned that the absence of delays contributes to the immediate return of children in accordance with The Hague Convention. She provided examples of court decisions where attention was given to ongoing wars and the threat to children's safety as significant factors. She also discussed a case in which a Polish father filed for the return of his child from Germany because the mother had taken the child to Germany due to the war in Ukraine. In this case, the return was decided in favor of the father, as residence in Poland was not considered a likely threat to the child, and the application under Article 13B was rejected.

In conclusion, the overarching takeaway is that courts consider the individual circumstances of each case and keep the interests of children at the forefront when addressing issues related to the return of children to Ukraine within the framework of The Hague Convention.

You can watch the video recording of the event at the following link: https://www.youtube.com/watch?v=N-_ELHKj6Ro.

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