Early mediation is essential to resolve cross-border custody cases

Early mediation is an effective, essential tool for resolving cross-border child custody disputes and can lessen the strain on children and on parents, Mairead McGuinness MEP and European Parliament Mediator on cases of child abduction told a Berlin Conference on Parental Child Abduction this week.

Speaking at the Lawyers in Europe on Child Abduction (LEPCA) in Berlin on Thursday, the First Vice-President of Parliament spoke of her experience as Mediator: “Since September 2014, I have dealt with over 100 cases - all very different and all very difficult. In most cases, the intervention involves informing parents about the options open to them, and whom they should contact, as well as writing to national authorities where appropriate.

“Mediation is an effective alternative to litigation for resolving family disputes, while minimising the risk of wrongful removal of children. By ensuring undisrupted communication between the people involved in the upbringing of the child, mediation can achieve an amicable settlement involving the transfer of a parent’s residence.

“I am convinced that there needs to be even more weight placed on mediation and the potential involvement of social services and psychologists. Even if two people become so estranged that they are prepared to tolerate devastating effects on the left-behind parent and children, it is still possible that they may be prevailed upon to talk to each other through a neutral third party,” McGuinness told the gathering of EU lawyers and children’s rights experts.

Mediation could also be the answer to resolving a situation whereby a child is removed from his/her habitual residence after a family breakdown. McGuinness warned that in child abduction cases, litigation and re-transfer of the child to a former residence after judicial proceedings might actually worsen a child’s psychological trauma. Therefore, an amicable agreement on non-return of the child subject to specific conditions capable of guaranteeing practical access to the left-behind parent may be more consistent with the best interests of the child and the needs of the parents.

However, McGuinness noted there are cases in which any reconciliation is impossible and attempts at achieving it may even be undesirable. The MEP suggested judges in differing jurisdictions should communicate together in such circumstances. The MEP also advises that proper training could be given to judges dealing with family law to ensure they understand the psychological impact such incidents can have on family relationships. 

As EU Mediator, McGuinness monitors and promotes children’s rights.

“We always say to a parent or parents that we should act in the best interests of their child. Sometimes, I say that the message for parents is that children are our responsibility, not our property,” McGuinness underlined.