You are involved in proceedings under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (HCA). In this context, we would like to encourage both parents to negotiate directly with each other about the principal question of the child’s repatriation. At this time it would also be beneficial to clarify if they can agree to settle any further issues concerning their joint child. Since you are authorized to carry out expedited HCA proceedings only in regard to the repatriation question, and not concerning any further issues related to the parents and child, we would like to point out the possibility of conducting mediation in addition to and as near in time as possible to the HCA court proceedings. Experience has shown that a recommendation to mediate by the judge leads to much greater acceptance by the parents and significantly raises the probability of a mutually agreeable solution.
It is desirable to have the results of the mediation recorded before the court to make them legally binding; in individual cases, the agreement may have to be safeguarded in the other country as well.
In the interest of the child, both parents should be assisted in finding an autonomous settlement of any questions concerning the child.
We are certain that information given to the parents by you as a judge concerning the possibility of a mediation would help to create a lasting resolution of the conflict and a forward-looking solution for all of the family members.
Court information letters for the parties in different languages under the following link:
court information letters for the parties