On 30 March 2026, experts from the Law and Internet Foundation had the pleasure of attending a high-level international seminar marking the 45th anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. Titled “The Hague Child Abduction Convention at 45: Lessons Learned, Judicial Dialogue, and the Way Forward”, the event took place in Sofia in a hybrid format and brought together judges, academics, and practitioners from across Europe and beyond, including Bulgaria, Germany, Serbia, Greece, France, Spain, Italy, Portugal, Romania, Turkey, Russia, the United Kingdom, and the United States - highlighting the truly international dimension of cross-border family law.
Organised by the Family Law Commission of the European Bars Federation (FBE) in cooperation with the Attorneys’ Training Center, the seminar provided a valuable forum for exchange between legal professionals working at the forefront of international child protection. The discussions reflected both the enduring success of the Convention as a cornerstone of global cooperation and the challenges that continue to affect its practical implementation.
In his opening speech, Philippe Lortie (HCCH) raised a fundamental question: while the Convention is widely adopted, does it function equally well in practice across jurisdictions? His reflections captured the dual reality of the instrument - on the one hand, a widely accepted framework fostering cooperation and predictability; on the other, a system still affected by delays, inconsistencies, and gaps between legal standards and real-life outcomes.
The panels that followed explored these tensions in depth. A recurring theme was the risk that return proceedings, while intended to be swift and focused, are increasingly becoming complex and prolonged. What was designed as a mechanism for the prompt return of children can, in practice, resemble full custody litigation, with extensive evidence, competing narratives, and procedural delays. At the same time, important developments were highlighted. The Brussels IIb Regulation, as discussed by several speakers, offers tools to strengthen efficiency and fairness, including stricter timelines, improved judicial cooperation, and greater recognition of the child’s right to be heard. Courts are also increasingly able to order protective measures alongside return decisions, ensuring that children are safeguarded even in difficult circumstances.
Particular attention was given to the growing use of Article 13(1)(b) of the Convention, which allows refusal of return in cases of grave risk. While this safeguard is essential, participants noted that it is being invoked more frequently and often supported by complex factual claims - from allegations of domestic violence to emotional dependency. This raises a delicate question: where is the line between necessary protection and deviation from the Convention’s core principle of prompt return?
The most powerful and thought-provoking discussions emerged during the final panel, which focused on the child’s experience. Research presented by Prof. Marilyn Freeman underscored a reality that is often overlooked in legal proceedings: international child abduction is not a purely legal dispute - it is a deeply human one, with lasting consequences. Testimonies from adults who had experienced abduction as children revealed long-term effects such as loss of identity, difficulties in forming relationships, anxiety, depression, and persistent feelings of insecurity and abandonment. For many, the impact did not end with the court decision but continued throughout their lives. These insights served as a clear reminder that behind every case lies a child whose sense of stability, trust, and belonging may be profoundly affected.
In this context, mediation was highlighted as a particularly valuable tool. Unlike traditional litigation, which often centres on legal arguments, mediation places the child at the heart of the discussion. One example illustrated how mediators encourage the parents to consider the practical realities of the child’s return - prompting reflection on care arrangements, emotional needs, and long-term stability. This approach can lead to more realistic expectations and, in some cases, to solutions that better serve the child’s best interests.
A key takeaway from the seminar was the importance of maintaining a balanced perspective. While challenges remain, the Convention has achieved significant success. It has created a common legal framework, strengthened international cooperation, and provided an essential tool for protecting children from the harmful effects of wrongful removal or retention. The seminar concluded with reflections on the future of the Convention, emphasising the need for continued commitment, judicial dialogue, and adaptation to evolving realities.
For the Law and Internet Foundation, the knowledge and practical insights gained during the seminar are particularly valuable in the context of its work under the iCare2 project, especially in advancing cross-border cooperation and promoting child-centred approaches in international family mediation.
