Background

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction provides a procedure aimed at the prompt return of children who have been wrongfully removed or retained across international borders. The Convention is based on the premise that decisions concerning custody and care should normally be taken by the authorities of the State of the child’s habitual residence and that rapid return generally serves the child’s interests.

In practice, a significant number of return proceedings now involve allegations of domestic violence, often raised by a primary caregiver who has crossed a border with the child in order to escape violence. These cases expose tensions within the Hague framework, particularly between the objective of prompt return and the need to ensure protection of the child and the parent.

The Convention contains no explicit reference to domestic or gender-related violence. Courts must therefore apply Article 13(1)(b), which allows refusal of return where a grave risk of harm exists, within a summary and expedited procedure. This requires assessing both the alleged violence and the effectiveness of protective measures in the State of habitual residence, frequently under conditions of limited time and evidence.

At the same time, the Convention does not distinguish removals based on motive: a protective motive may be relevant to the risk assessment but does not alter the characterisation of the removal as wrongful. Courts must therefore address both return and protection within the same legal framework.

Aim of the Study

This project examines how Dutch judicial authorities address allegations of domestic violence in return proceedings under the 1980 Hague Child Abduction Convention. It focuses on how such allegations are identified, assessed and legally characterised within a procedure that is both expedited and cross-border in nature.

The study analyses in particular the application of Article 13(1)(b), the role of protective measures in the State of habitual residence, and the place given to the protection and welfare of the child within the Convention framework. It also considers the relationship between the Convention and relevant human rights obligations.

The purpose of the project is to provide a systematic analysis of the Dutch practice and to develop practical guidance for professionals involved in these proceedings, with a view to more consistent, transparent and child-focused decision-making.

Methodology

The project adopts a qualitative, practice-oriented approach focused on the Dutch legal practice in return proceedings under the 1980 Hague Child Abduction Convention, applied in conjunction with the Brussels IIb Regulation and relevant human rights obligations.

First, a systematic analysis is conducted of Dutch case law on international child abduction in which domestic violence is alleged (approximately 2015 to the present). Each case is coded using a structured dataset, including variables such as the nature of the alleged violence, the evidence presented, the invocation and application of Article 13(1)(b), the consideration of protective measures, the role of Article 20, and the outcome of the proceedings.

Second, the case-law analysis is supplemented by a limited number of semi-structured interviews with professionals involved in practice (for example judicial authorities, the Central Authority and child-protection actors). These interviews serve to contextualise the findings from the judgments and to identify practical considerations that may not be visible from the decisions alone.

Output

The project will result in an analytical research report examining how allegations of domestic violence are addressed in Dutch return proceedings under the 1980 Hague Child Abduction Convention and situating the findings within the broader European and international framework.

In addition, practice-oriented guidance materials (“bench cards”) will be developed in both Dutch and English. These materials will summarise key legal considerations and practical points of attention for professionals involved in return proceedings in which domestic violence is alleged.

Updates, materials and publications arising from the project will be made available on this page as the research progresses.

The research and materials presented are the sole responsibility of the researcher and do not represent the position of the International Child Abduction Centre (IKO).