Mediation in International Child Abduction Cases

Mediation in international child abduction cases


Mediation in international context and particularly in child abduction cases is quite different from what is known as family mediation within a country.

Regional Facilitation and Negotiation Center is specialized in mediation in child abduction cases referring to 1980 Hague Convention.

We offer co-mediation, as possible having mediators which have cultural background of both parents. The focus of the mediation is on the child and helps the parents to find the best amicable solutions in interest of the child.

Information for parents in child abduction cases in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction (October 25, 1980)

Are you a parent which is seeking help in an international child abduction case?

The parents are encouraged to engage in mediation parallel to court proceedings under the 1980 Hague Convention. This is to help the parents to solve the conflicts on their own but with the assistance of qualified and experienced mediators.
The court proceedings will deal with the question as to whether the child will have to return to his or her country of origin (habitual residence). The court does not consider the other relevant aspects for parents as custody and access of the parents to the child.
Mediation is exactly the opportunity for parents to approach these aspects and take short and long term decisions. In the mediation sessions the parents allows more time to discuss and reflect upon all the matters regarding the future of the child, much more than the courts allow.

Based on court experience, an amicable solution can usually be found by the parents despite high tensions between them. Mediation makes it possible to not only find long lasting solution to larger conflict, but also to solve individual smaller but important conflicts while avoiding win-lose-situations.

Mediation is entirely confidential. You have not to worry that anything you say during the mediation will be used in court. The court is only informed about discussions during the mediation process if both parents explicitly agree to this.

Mediation is voluntarily and only takes place if both parents agree. You have to pay for the mediation yourself, but you should keep in mind that it concerns your child. In addition, mediation offers a good possibility of helping you avoid the cost of further court proceedings.

Once one of the parents chose mediation, we shall contact the other parent and propose mediation. With your agreement we shall arrange mediation meeting as soon as possible.

You can contact us:

Regional Facilitation and Negotiation Center
tel: +40 232 254502
fax: +40 232 254503
e-mail: office@rfnc.ro


You are advised to consider the option of mediation carefully and as soon as possible. If you have already an attorney, please consult him or her about mediation. Due to the short period of time until the court hearing in 1980 Hague Convention cases you are have to decide quickly whether you are prepared to enter into mediation.
For more information on 1980 Hague Convention, Romanian law and cross border mediation mediation

Full Text of Hague Convention on the Civil Aspects of Child Abduction, October 25, 1980
http://www.hcch.net/index_en.php?act=conventions.text&cid=24

Mediation on the Hague Conference website
http://www.hcch.net/index_en.php?act=conventions.publications&dtid=52&cid=24

Romanian laws concerning child abduction in English
http://www.hcch.net/index_en.php?act=publications.details&pid=5345&dtid=42

Legea nr. 369/2004 privind aplicarea Conven?iei asupra aspectelor civile ale r?pirii interna?ionale de copii, adoptat? la Haga, la 25 octombrie 1980, la care România a aderat prin Legea nr. 100/1992
http://www.just.ro/Portals/0/CooperareJudiciara/GhidCooperareCivila/Cadrul%20juridic%20intern/legea%20369%20din%202004.doc

Case studies – what happens in real cases when parents chose mediation
http://www.mikk-ev.de/wp-content/uploads/paul-kaesler-adr.pdf
http://www.mikk-ev.de/wp-content/uploads/Walker.Paul-World.Arbitration.pdf


(partly adapted from www.mikk-ev.de)

Solicitati mediere

Daca doriti o mediere sau informatii suplimentare despre mediere, va invitam sa ne trimiteti formularul de solicitare a medierii prin email sau fax, sau pur si simplu sa ne telefonati.

Descarca: formular-inscriere.pdf
Descarca: formular-inscriere.doc

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