You are taking part in proceedings under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (HCA) or the Brussels II bis Regulation. These legal instruments are aimed at determining whether your child will return to his or her home country. The HCA, however, does not question which arrangement would be in the child’s best interest or which parent the child would prefer to live with. Instead, the subject of the proceedings is solely the question of the child’s possible return to their country of habitual residence.
We would like to encourage both of you as parents to negotiate directly with each other about the principal question of your child’s return or non-return to their home country. At this time it would also be beneficial to take the opportunity that mediation provides to come to an agreement in respect of any further issues concerning your child, including contact arrangements with both parents, your child’s schooling and what language your child will speak.
We would like to invite you to obtain information on the possibilities and limitations of mediation – at no cost or obligation. The broad experience of the last years has shown that parents who use mediation experience less conflict with one another over the long term. They also have their own needs and interests as well as those of the other parent in view and are conscious of having discussed and solved the questions concerning themselves and their children respectfully, thus acting sustainably in the best interest of their children.