International disputes re children: use of mediation
Sarah Beskine, partner of Hopkin Murray Beskine solicitors and Family Mediation Service. Sarah Beskine is an ICACU listed solicitor, collaborative lawyer and family mediator.
In this article, I will consider the use of mediation in child abduction cases under the Hague Convention 1980.
Once the child is located, the legal arguments that flow from the Convention-based limited defences can result in attention moving away from the child, for both the parents as well as the lawyers. This is because the legal arguments in these cases are governed by Convention principles as opposed to the welfare-based approach in children cases, albeit the child's best interests is a but not the primary consideration in Hague cases. I have found that the involvement of the CAFCASS Legal in Hague cases helps ensure that the focus of the case is the child.
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