The Hague Convention on international child abduction is preventing South African women living overseas from escaping domestic violence and returning home with their children. Designed in 1980 to stop unlawful border crossings by parents, the treaty is now criticized for being used by abusive partners to retain control. A South African family's ordeal in South Korea illustrates the human cost of these provisions.
The Hague Convention on the Civil Aspects of International Child Abduction, adopted in 1980 amid concerns over rising divorce rates and paternal abductions, requires parental consent for cross-border child movement. However, advocacy groups like Hague Mothers contend that it ignores motives, such as fleeing abuse, and forces victims to seek permission from violent partners.
In one case, a South African woman, referred to as Sarah for safety, has been stranded in South Korea since December 2024. Her husband, described as aggressive, took their two-year-old daughter during a family visit, seized her car keys, and blocked access to joint finances. Local police dismissed the incident as a civil matter. Despite Sarah's South African passport for the child, lawyers warned that returning without consent would trigger the convention, leading South African authorities to send them back.
South Korean courts award sole custody in divorces, disadvantaging foreign nationals like Sarah. She now sees her nearly four-year-old daughter twice monthly for two nights and has two weekly calls. A local women's NGO reportedly questioned what Sarah did to provoke her husband.
South Africa, a signatory via its 2005 Children's Act, faces similar constraints, as confirmed by Department of International Relations and Cooperation spokesperson Chrispin Phiri. He noted that missions handle such complaints but cannot override foreign laws, mirroring South Africa's own rules.
Global scrutiny is growing. An investigation by The 19th revealed that 77% of U.S. Hague cases from 2022 to 2024 were filed by men to block women from leaving. Countries like Switzerland, Japan, and Australia have introduced protections for abuse victims. A 2024 Sandton forum addressed domestic violence's impact, with Hague Conference Secretary-General Christophe Bernasconi expressing concern over returns leading to renewed harm, while defending the treaty's role in preventing abductions.
Katherine, Sarah's mother, hopes public submissions on Children's Act amendments will spur reform. She emphasizes her daughter's resolve: doing everything possible to reunite with her child.
