In December 2004 I took over the position of the European Parliament Mediator for International Parental child abduction, succeeding Ms. Mary Banotti. Soon I recognised the considerable growth of bi-national marriages in the European Union when I became acquainted with my new mission. Actually, I believe this is a wonderful development which shows how fast and close Europe is growing together.
But when such partnerships break down the ex-partners often decide to return to their country of origin. If such a couple has a common child the situation can become very complicated. In many cases the victims of this situation are the children who are denied their right to a life with both parents.
Once parents have separated, it occurs that the parent who does not have custody of the child(ren) abducts them or refuses to send them back following an access visit.
Another scenario is even more common: children are removed or retained by their primary carer, but without the permission of the other parent. This is clearly in breach of the legal rights of the other parent and often leads to complicated and harmful court proceedings.
The Hague Convention on Child Abduction should protect children in cases of international parental child abduction but despite this there are numerous cases where enforcing the Convention, as far as it is even applicable, is not successful.
The European Parliament recognised this problem as early as the eighties and appointed a Mediator for International Parental Child Abduction to work together with parents towards finding their own solution to the conflict with the child’s best interests in mind.
I always felt it was my main responsibility to assist the parents, in particular the left-behind parent, in finding the best solution for the well-being of their child.
Therefore in my opinion the European Parliaments Mediator's fundamental duty is to ensure that the best interests of an abducted child are served and, if possible, the right of the abducted child to contact with both parents is protected.
In order to save children and parents from the emotional strain and disruption arising from legal proceedings I always provided information and advised on the alternative way to settle the dispute, namely mediation.
My duty as European Parliament Mediator is to try to guide the conflicting parties - usually parents - towards voluntary, out-of-court procedures to resolve the conflict. I must decide from case to case if both parents are motivated enough and assess what type of commitment is appropriate and what successful outcomes there may be. Still, unfortunately, in too many cases without success.
I am totally convinced that an agreement which had been 0reached by the parties during a mediation procedure can avoid unnecessary relocation of the child, allows the parents furthermore actively and purposefully to address all issues affecting the family. Besides, a mediation procedure is mostly speedier and less costly than court proceedings.
Evelyne Gebhardt is the European Parliament's former, and acting Mediator for International Parental Child Abduction. A member of the Group of the Progressive Alliance of Socialists and Democrats in the European Parliament, from Germany