the international child abductioncentre and mediation...

Drs. Birgitte M.J. Beelen Clinical Psychologist Child & Adolescent Psychologist Systemic Therapist /Supervisor

EMDR-Practitioner Europe

Cross Border Mediator MfN Registered Family Mediator

The International Child AbductionCentre

and

Mediation Bureau in The Netherlands

SYNTAGMA Psychology Mediation Coaching

Supervision Training Consultancy

“Missing Children Europe 2015” Brussels, 9 – 10 july 2015

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Mediation Bureau of the International Child Abduction Centre

Mediation Bureau was founded in October 2009

October 2009 – May 2010 pilot

Ministry of Safety & Justice has started a pilot crossborder mediation in international child abduction cases with participants:

• Liaison judges – Court of The Hague

• Central Authority


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Cross Border Mediation ?

• Parties or Parents?

• Crossborder mediation:

• The mediator is impartial and neutral

• The mediation takes place in a safe environment

• The mediation is confidential – all options are open for discussion

• The mediation is voluntary

• Facilitate the possibility to find a better solution together as parents instead of only a court ruling


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Cases in crossborder mediations

• International child abduction cases (subsidised)

• Relocation-cases

• International contact- and care- arrangements

Total requests crossborder mediation 2009 – 2014:

142


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Specialised crossborder mediators

• Mediation Bureau has organised in 2009 and 2011 a crossborder mediation training:

specialised education for experienced family-mediators

• Poule of 18 crossborder mediators:

10 lawyer-mediators and 8 ‘behaviourist’-mediators

• Permanent education/intervision meetings

• Crossborder mediation is co-mediation:

always with a lawyer-mediator and a ‘behaviourist’- mediator together


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Crossborder Mediation in International Child Abduction

• Two routes:

Via the Central Authority

Crossborder mediation is an option in the context of voluntary return (letter Central Authority)

• And/Or

Via the Liaisonjudge Court The Hague

In a preliminary court hearing the judge refers parents to crossborder mediation


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Total requests crossborder mediation International child abduction

• Per year between 20 – 30 cases

• Via Court of The Hague 90 – 95%

• Via Central Authority 5 – 10%


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Scheme crossborder mediation

Thursday Preliminary hearings court The Hague/

Mediation Bureau present and after

referral directly formal intake

Friday Intake-conversations /

child-conversation

Saturday Crossborder mediation

1st and 2nd sessions

Sunday Crossborder mediation

3rd/final session


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Pressure cooker method

• Maximum of three sessions of three hours within 2 (weekend)days

Parents can reach an agreement about the habitual residence of their children and/or international care and contact-arrangements

• The crossborder mediation on neutral location in presence of lawyer-coordinator Mediation Bureau

1st session : 3 hours – preliminary talks – caucus

2nd session: 3 hours – striving for solutions / drafting concept agreement

3rd session : finalising agreement by coordinator and signing by parents in presence of mediators


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Voice of the child

Child conversation with children of three years and older by an independent “third” crossborder mediator (child-specialist):

• Permission of both parents is needed

• Report of the child-conversation is read during the 2nd session of the mediation

• Often an emotional eye-opener for parents

Results crossborder mediation

• October 2009 – 2014: 99 crossborder mediations

• In 58% parents have reached an agreement

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Agreements in crossborder mediation

• Full agreement:

Parents have reached an agreement about the habitual residence of their children in one country with (inter)national contact- and care- arrangements. This agreement can be fully record in the judge’s verdict.

• Mirror agreement:

Parents let the judge decide where the habitual residence of their children is. Ahead of this decision parents agree on international contact- and care- arrangements both in country A and country B. The judge will record the arrangements for country A or country B - depending on his decision - in the verdict.


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Where does the organisation's funding come from and who pays for mediation?

The Mediation Bureau is financed by:

• The Ministry of Safety & Justice

The cross border mediations are financed by

• The Ministry of Safety & Justice (only in international child abduction cases)

• The Parents

• The Legal Aid Board


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Case

• Two Dutch parents are married in August 2011 in The Netherlands

• Parents moved to USA in October 2012 and in June 2013 their daughter was born in USA

• In January 2014 mother and daughter went for New Year to The Netherlands

• Mother decided to stay with daughter in The Netherlands and filed for divorce

• In November 2014 father filed a request of return to the Court of The Hague

• Parents are referred by the Liaison Judge to crossborder mediation

• Parents agreed on a full agreement : their daughter resides with mother in The Netherlands until the age of 12 with international care-and contact-arrangements. From the age of 12 their daughter resides with father in the USA with international care- and contact-arrangements

• Judge has fully record the agreement in the verdict


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Why crossborder mediation only after an

international child abduction?

Mediation Bureau wants to establish project

“Pre-mediation” = crossborder mediation as prevention

• On time identification of risk-situations in cooperation with Youth Care Office and the Child Protection Board

• Structural referral by all courts in The Netherlands in relocation- and international access-cases

• Several initiatives have also been taken already from cross border mediators individually in their own network

Future-project : Pre-mediation


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PTSD occurs with some people who have had a traumatic experience of being severely injured or threatened or having seen someone getting harmed or killed.

SYMPTOMS:

Frequent distressing recollections (flashbacks)

Nightmares about the traumatic event

Avoidance of reminders of it

Exaggerated arousal in response to noises or other stimuli

It often occurs with soldiers who have been seen their friends killed and who have nearly been killed themselves.

With rape victims, kidnapping victims, torture victims, others

TRAUMA & PTSD / PTE


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Birgitte Beelen started her professional career as a lecturer in Dutch language and trainer in communication skills, graduated subsequently in organisation psychology and special education theory and completed a post-graduate course in clinical psychology at the Groningen University. Birgitte is managing director of SYNTAGMA Psychology Mediation Coaching Training Consulting. After having worked at the Child Protection Agency of the Dutch Ministry of Justice and having been Head Treatment & Education of a Penitentiary Institution for children and adolescents, she now also works as a manager in the public mental healthcare domain and is court expert in psychology for the International Criminal Court. Having gained considerable experience in high conflict cases and specialized in treatment of psychotrauma, Birgitte became Cross Border Mediator at the IKO – International Child Abduction Centre and the EU-NIM European Network for Child Abduction. Birgitte is an active member of the NIP – Dutch Institute of Psychologists, the NVRG – Dutch Institute for Relationship & Family Therapy, the APMF – French Family Mediation Association. She speaks English, French and Dutch.

http://syntagma.info/


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Questions?

Birgitte M.J. Beelen

[email protected]

www.syntagma.info

www.ifmi.nl

+31(0)505352988

+31(0)683203160

Thank you for your attention

mailto:[email protected]

http://www.syntagma.info/

http://www.ifmi.nl/

the international child abductioncentre and mediation...

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