Two New European Parliament Studies on the 1980 Hague Convention

The European Parliament has published in January 2026 two in-depth studies devoted to the operation and future of the 1980 Hague Convention on the civil aspects of international child abduction.

Together, these studies offer a timely and complementary assessment of one of the cornerstones of international family law instruments in relation to the Brussels II ter Regulation and the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and co-Operation in tespect of parental responsibility and measures for the protection of children.

Both reports were commissioned by the Policy Department for Justice, Civil Liberties and Institutional Affairs at the request of the Committee on Legal Affairs (JURI).

The first study is titled The 1980 Hague Convention. The Main Differences and the Added Value of the Brussels IIb Regulation and the Interplay with the 1996 Hague Convention. Authored by Boriana Musseva (Associate Professor of Private International Law, Sofia University St. Kliment Ohridski and Attorney-at-Law, Musseva & Ivanov Attorney Partnership), provides a detailed examination of how the Hague Convention on the civil aspects of international child abduction operates within the European Union and how its application is shaped and reinforced by EU law.

The analysis focuses in particular on the Brussels II ter Regulation , which has applied since August 2022, and its relationship with both the 1980 Hague Convention and the 1996 Hague Child Protection Convention. The study identifies the added value of this layered framework, highlighting key innovations such as uniform standards for hearing the child, stricter time limits designed to accelerate return proceedings, strengthened judicial cooperation (including direct judicial communication), and enhanced mechanisms for the recognition and enforcement of decisions.

By comparing situations involving EU Member States with those involving non-EU Contracting States, the study also illustrates how levels of protection in child abduction cases vary significantly depending on the applicable legal instruments. The author concludes with a set of concrete recommendations aimed at improving coherence, promoting child-friendly justice, strengthening mediation, and enhancing judicial training and cooperation at both EU and international level.

The second study, authored by Marilyn Freeman (Professor and Director of The International Centre for Family Law Policy and Practice; Principal Research Fellow in The Westminster Law School, The University of Westminster; Chair of The International Association of Child Law Researchers; and Associate Member 4PB, London), is titled The Hague 1980 Convention. Lessons Learned and Ways Forward. It takes stock of the 45 years of application of the Convention. The study was published on the occasion of the 45th anniversary of the Convention and adopts a broader and more reflective perspective on its operation worldwide.

While recognising the Convention as one of the most successful instruments of private international law, the study critically examines whether it continues to operate effectively in light of profound societal and legal changes. Special attention is devoted to domestic violence and abuse in the context of return proceedings, a topic that has generated increasing controversy and debate. The study analyses the use of Article 13(1)(b), the divergent approaches taken by Contracting States, and the role of protective measures, drawing on comparative examples from jurisdictions such as Australia, Brazil, Japan and Switzerland.

Beyond domestic violence, the study addresses other pressing issues, including child participation, the long-term effects of abduction on children, prevention strategies, and the need for post-abduction support and after-care. A central conceptual contribution is the idea of ‘multi-layerism’: rather than viewing divergent national practices solely as problematic inconsistency, the study invites reflection on whether carefully calibrated diversity may, in some contexts, help the Convention remain responsive as a living instrument.

The report concludes with a strong call for further empirical research, enhanced interdisciplinary cooperation, and sustained institutional engagement, identifying the European Parliament as a key actor in shaping the future development of international child abduction law and policy.

Taken together, these two studies provide a rich and nuanced picture of the current state of the 1980 Hague Convention. One focuses on the European legal architecture and its added value; the other takes a global, critical, and forward-looking approach, asking how the Convention can continue to serve children and families effectively in changing circumstances.

— H/T: Jorg Sladic