HC Deb 22 October 2001 vol 373 cc50-3W
Mr. Hancock

To ask the Parliamentary Secretary, Lord Chancellor's Department (1) how many cases of child abduction occurred in the United Kingdom in the past year; and to which countries; [6737]

(2) what international treaties the United Kingdom has signed relating to child abduction; with which countries:, and what other international legislation covers child abduction; [6738]

(3) what assessment is made after the negotiation of the return to the United Kingdom of a child abducted by one parent to a foreign country of the child's preferences; and what priority the outcome of such an assessment has in relation to agreements signed with that country; [7070]

(4) if it is his policy, in cases of child abduction, to examine the circumstances and suitability of the UK-based parent prior to entering into negotiations about the child's return; [6766]

(5) what agreements the UK Government have made with other countries on the return of abducted children to the United Kingdom. [6739]

Ms Rosie Winterton

Between September 2000 and August 2001, there were 140 cases reported to the Child Abduction Unit of children removed from England and Wales to countries which are signatories to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. These are broken down as follows:

Country Number of cases
United States of America 27
Ireland 23
Spain 18
France 14
Germany 8
Canada 6
Australia 5
Netherlands 5
Belgium 4
New Zealand 4
Sweden 3
Greece 2
Poland 2
South Africa 2
St. Kitts and Nevis 2
Turkey 2
Zimbabwe 2
Cyprus 1
Czech Republic
Denmark 1
Hong Kong 1
Italy 1
Mauritius 1
Slovakia 1
Switzerland 1

In addition, there are abductions to countries which are not party to the convention or which, for other reasons, are not reported to the Child Abduction Unit.

The United Kingdom has signed the Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children. A list of countries in which both conventions are in force with the UK is given in the table. In March 2001 the Brussels H regulation came into force. This regulation deals with the recognition and enforcement of judgments made in matrimonial proceedings and orders for parental responsibility in respect of children of both spouses. If a child is abducted or retained following a contact visit the left behind parent can use this legislation to recover the child. This regulation can only be used to enforce judgments made after 1 March 2001.

If a child has been abducted to a country which is a signatory to the Hague Convention the court in the foreign country is normally under a duty to return the child to his state of habitual residence as quickly as possible. The underlying basis of the convention is that the receiving state should not enter into an investigation in relation to the custodial issues, but leave these to be resolved by the courts in the country of habitual residence. However, the foreign court is not under a duty to return the child if he objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of his views.

While the foreign court is under a duty to return a child to his country of habitual residence as quickly as possible it may decline to do so if it would expose him to a risk of psychological or physical harm.

The agreements the Government have made in relation to the return of abducted children to the United Kingdom are the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the Council of Europe Convention on the Recognition and Enforcement of Decisions Relating to the Custody of Children.

Details of countries in which the Hague and European conventions are in, force with the United Kingdom at 1 February 2001
Country Convention Date
Argentina Hague (1.6.91)
Australia Hague (1.1.87)
Austria Hague/European (1.10.88) (1.8.86)
Bahamas Hague (1.1.94)
Belgium Hague/European (1.5.99) (1.8.86)
Belize Hague (1.10.89)
Bosnia and Herzegovina Hague (7.4.92)
Burkina Faso Hague (1.8.92)
Canada (most states) Hague (1.8.86)
Chile Hague (1.5.94)
Colombia Hague (1.3.96)
Croatia Hague (1.12.91)
Cyprus (Southern) Hague/European (1.2.95) (1.10.86)
Czech Republic Hague/European (1.3.98) (1.7.00)
Denmark Hague/European (1.7.91) (1.8.91)
Ecuador Hague (1.4.92)
Federal Republic of Yugoslavia Hague (27.4.92)
Finland Hague/European (1.8.94)
France Hague/European (1.8.86)
Georgia Hague (1.12.97)
Germany Hague/European (1.12.90) (1.2.91)
Greece Hague/Eurpean (1.6.93) (1.7.93)
Honduras Hague (1.3.94)
Hong Kong Hague (1.9.97)
Hungary Hague (1.9.86)
Iceland Hague/European (1.11.96)
Republic of Ireland Hague/European (1.10.91)
Israel Hague (1.12.91)
Italy Hague/European (1.5.95) (1.6.95)
Liechtenstein European (1.8.97)
Luxembourg Hague/European (1.1.87) (1.8.86)
Macao Hague (1.3.99)
Macedonia Hague (1.12.91)
Malta European (1.2.00)
Mauritius Hague (1.6.93)
Mexico Hague (1.9.91)
Monaco Hague (1.2.93)
Netherlands Hague/European (1.9.90)
New Zealand Hague (1.8.91)
Norway Hague/European (1.4.98) (1.5.98)
Panama Hague (1.12.91)
Poland Hague/European (1.11.92) (1.3.96)
Portugal Hague/European (1.8.86)
Romania Hague (1.2.93)
Slovenia Hague (1.6.94)
Slovakia Hague (1.2.01)
South Africa Hague (1.12.97)
Details of countries in which the Hague and European conventions are in, force with the United Kingdom at 1 February 2001
Country Convention Date
Spain Hague/European (1.9.87) (1.8.86)
St. Kitts and Nevis Hague (1.8.94)
Sweden Hague/European (1.6.89) (1.7.89)
Switzerland Hague/European (1.8.86)
Turkmenistan Hague/European (1.8.00) (1.6.00)
Turkey Hague (1.5.98)
U.S.A. Hague (1.7.88)
Venezuela Hague (1.1.97)
Zimbabwe Hague (1.7.95)