The Judges’ Newsletter provides information on developments relating to the HCCH Children’s Conventions, with a view to facilitating judicial cooperation in the field of international child protection.
This latest edition of the Judges’ Newsletter is dedicated to the Conference “15 Years of the HCCH Washington Declaration – Progress and Perspectives on International Family Relocation”, jointly organised in April 2025 by the Embassy of Canada in Washington, DC, the International Academy of Family Lawyers (IAFL), and the HCCH.
The conference consisted of eight sessions, bringing together expert speakers from over 20 States. Among other things, the discussions underscored the enduring practical relevance of the 2010 Washington Declaration in promoting common principles for cross-border family relocation proceedings.
Attorney Alex’s Jones Article follows below with a link to the full pdf.
Mediation Experience
Cross-border relocation cases are challenging under the best of circumstances, as any
agreement or judgment to allow relocation results with a child living in a different country than
a parent. The 2010 Washington Declaration on International Family Relocation outlined a
series of agreements for principles that should apply to cross-border family relocation. As part
of those agreements, Paragraph 4 identified twelve specific factors that a court should
consider in exercising discretion along with a catch-all provision allowing the court to consider
“any other circumstances deemed to be relevant by the judge.” The focus of this paper is to
outline how two of those factors, namely family violence and the views of the child, can be
considered and addressed while trying to resolve a cross-border dispute through mediation.
The Association of Family and Conciliation Courts (“AFCC”), in conjunction with the American
Bar Associations Sections on Dispute Resolution and Family Law, the Association for Conflict
Resolution and Academy of Professional Family Mediators in 2025 approved Model Standards
for Family and Divorce Mediation (“Model Standards”).
1 The Model Standards describe
mediation as “a participant-centered process grounded in the values of integrity and fairness
and designed to ensure that all participants are supported, respected, and valued. It aims to
promote safety and wellbeing; achieve realistic outcomes; and support equity and full
participant engagement regardless of gender, age, culture, religion, immigration status, or
socio-economic status.” In practical terms, mediation can be more cost effective – both
financially and emotionally – than litigation. It is also normally a faster process than a litigated
one and, more importantly, if an agreement is reached both parties have more of a vested
interest in the successful implementation of the result. Mediation, as a process, respects the
parties’ self-determination.
