Cross-border family conflicts

For over 100 years, ISS intercountry casework has tackled cross-border family conflicts - including child abductions. From 2010 to 2018, ISS has developed a global programme focusing on International Family Mediation.In March 2026, ISS published the ‘ISS Ottawa Principles for protecting children and parents subject to family violence in cross-border situations’ – a set of guidelines on the specific challenges arising when domestic violence crosses international borders.

ISS OTTAWA PRINCIPLES

Protecting children and parents subject to family violence in cross-border situations.

The ‘ISS Ottawa Principles for protecting children and parents subject to family violence in cross-border situations’ are a set of guidelines on the specific challenges arising when domestic violence crosses international borders.

The paper sets out 15 core principles to guide states, courts and other professionals in better addressing cross-border family violence. It is intended to support implementation and encourage cooperation across jurisdictions and sectors in order to enhance the protection of children and families.

Rooted in ISS-casework experience and international legal standards, these principles are designed for a global implementation while providing a basis for local adaptation and context-specific interpretation.

The publication includes recommendations on cross-border family conflict, contact rights and the recognition of foreign decisions.

2010-2018

Running until 2018, the International Family Mediation Programme aimed to better protect children involved in parental conflicts that span national borders.

ISS wants to raise awareness on the legal complexity of cross-border family cases and highlight that International Family Mediation can be a practical, efficient tool to solve cross-border family disputes and a preventive measure of child abductions.

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Background and international challenges

The role of ISS



The projects

Learn more about our International Family Mediation projects

ISS Guide to International Family Mediation

The first project was the publication of a guide to international family mediation practice intended to families and professionals supporting or accompanying these families.

The ISS Guide to International Family Mediation is available in Arabic, Bulgarian, English, French, German, Italian, Portuguese, Russian and Spanish.

A paperback version will be available online soon as well.

Why a guide?
Few families know they have the opportunity to use mediation for issues of divorce, separation and parental rights in cross-border situations. The belief that conflicts involving two countries can only be settled through legal procedures still prevails.

The Guide’s content:
The guide includes information, testimonies, studies and experiences reflecting the many benefits as well as the limits of cross-border family mediation; it highlights the articulation between mediation practice and the law and was drafted in conformity with all legislations and mediation practices. An entire section consists of practical advice to parents concerning preparation and access to mediation and reliable information on their legal situation, as well as contents of mediation agreements.

Read more about the project

Multilingual website on international family mediation

The second project was a multilingual web platform which allows a wider access to reliable and continuously updated information on international family mediation. It contains the ISS Guide adapted to the web format, a directory by country to help families involved in cross-border family conflicts and professionals of the psycho-social and legal fields to find public services and charitable organisations that can provide assistance (authorities for cross-border disputes, social and child welfare services, etc.)


Access the website on this link: www.ifm-mfi.org

The Charter for International Family Mediation Processes

The third project was to gather mediators specialised in cross-border disputes from all the continents to jointly elaborate and draft an international charter of professional conduct, as well as a set of best practices.

The Charter, published in 2017, is the fruit of an international working group of 55 professional mediators who serve as representatives and come from all seven continents. All established and recognised structures specialising in international family mediation across the world were part of this Collaborative Process. As an international document of reference, The Charter serves as a medium to strengthen dialogue and cooperation between mediators and administrative and legal bodies; for this reason, the initial work of the group took place in parallel to an international conference on child protection, focusing in particular on The Hague Convention of 1996 (read Conference Report).

As collectively decided in May 2017 in Geneva, this collaboration was being pursued with the aim to create a Global Network of International Family Mediators.

Read the Charter for International Family Mediation Processes (in Arabic, English, French, Russian and Spanish) and the How to Use (in Arabic, English, French, Russian and Spanish).

These documents are also available in WORD format: Arabic, English, French, Russian and Spanish.

Interactive platform on IFM good practices

Approximately 60 examples of Good Practices related to IFM and cross-border family conflicts were elaborated at the 2015 Geneva Meeting (read the Summary of Best Practices). To present them in an accessible and easy-to-use format, ISS created a virtual, multilingual and collaborative workplace for mediation practitioners. The principal purposes of The Platform are to facilitate networking and to share information amongst mediators around the world. Registered participants can discuss the examples of Good Practices by country, upload or download documents, share information on events / trainings / conferences related to IFM, provide feedback on trainings, find other mediators’ contacts and send private messages.

Access the Platform on this link: www.ifm-mfi.org/testmediation

Towards a global network of international family mediators

The Charter for International Family Mediation Processes was agreed on and published by a group of qualified international family mediators from all the continents, the Collaborative Process. In May 2017, this international group decided that a global professional network of international family mediators should be created to ensure the protection of children involved in parental conflicts. It was determined that the objective of such a network is to facilitate searches for competent and qualified international family mediators working in all regions of the world, and to reinforce cooperation with administrative and legal authorities (read the Report of the Meeting).

The appointed by the ISS GS Interim Steering Committee (ISC) worked for 12 months and drafted a Proposal to the Collaborative Process, which includes the Terms of References (ToR) of the future Network and an Action Plan for next 2-3 years (read the ISC Proposal). The Final Report of the Programme presents a summary of this Proposal.

In addition, the ISS GS created an institutional Review Board composed of a number of political organisations and institutions dealing with cross-border family conflicts in all regions. This Board reviewed the ISC Proposal and provided its feedback regarding the future Network.



Expected outcomes for these projects were

Develop international cooperation

Bring together existing network

Raise awareness of the legal complexities

Connect people via referals

Useful Contacts



Who to contact for cross-border family conflicts?
  • On the website www.ifm-mfi.org, you can access its Country information section where you can find international family mediation services and psycho-social support as well as your specific country Central Authority contact information;
  • Central Authorities under the Hague Convention (generally working in collaboration with one of the following Ministries: Justice, Family, Health, Foreign and Social Affairs);
  • Central Contact Points for international family mediation;
  • AIFI (Association internationale francophone des intervenants auprès des familles séparées);
  • Network of Cross-border Family Mediators;
  • National Associations for Family Mediation;
  • International Social Service (ISS);
  • Specialised agencies in international family law;
  • Legal support systems;
  • Social services;
  • Consulates and embassies.

What is international family mediation?

Family mediation is a structured process in which an unbiased mediator enables members of a family in crisis, generally the parents, to speak in a constructive way about their conflict.
The goal is to resolve the conflict through communication and exchange in order to find solutions that work for all family members that are involved.

International family mediation seeks to resolve a family conflict involving at least two countries. For example, this could occur when parents separate because of conflict and live in different countries.

International family mediation places the needs of the couple’s children at the centre of the process. The aim is to seek solutions that can ensure the children’s wellbeing in accordance with their rights as given in the United Nations Convention on the Rights of the Child.

The participants can also give their mediated agreement legal effect by having it recognised by a court.

For which conflicts?

Parents who choose international family mediation are often those in situations where separation or divorce is about to lead, or has led, to the departure of one of the parents to another country.

Mediation is also frequently used in situations of wrongful removal or non-return of a child (better known as « child abductions »).

The majority of international family mediations deal with questions relating to parental responsibility and how to maintain links between the children and both of the parents.

Some important aspects to keep in mind:

Engagement in the mediation process is voluntary.

The mediator has separate discussions with each parent to assess if mediation is appropriate in their situation and whether both are willing to engage in the process.

During mediation, the parties in the conflict themselves look for, explore and formulate possibilities of reaching agreement. They control the results of the mediation because they are the only decision-makers.
They can suspend or terminate the mediation process at any time if they are not satisfied with the way in which it is proceeding.

Each part can be supported by an independent legal adviser to look through the proposals before the decisions are finalised in an agreement called a mediated agreement.

What is being said during mediation remains strictly confidential, except in rare cases where the mediation shows an ostensible serious risk for the child or for one of the other parties.

The content of such safety clauses varies from one country to another.

For which families can international family mediation be helpful?

A family conflict becomes international in various scenarios involving more than one country. It could happen, for example:

  • when there is a conflict in a family where the parents have different nationalities;

  • when a family is not living in its country of origin;

  • where the parents live in two different countries;

  • where one of the parents wants to go and live in another country.

 

“Now it’s a war between laws. Lawyers in this country will give me custody […] but that custody is not recognised in my husband’s country of residence so I’m stuck in a situation where I cannot afford to take the child to the country where my husband is, in case I don’t get him back. [On the other hand] I don’t want to restrict my husband’s access to the child.”

A mother


“The proceedings were complex and long, with much back and forth between the two countries. We chose to attend mediation in order to speed matters up. Then, we realised that we could speak about everything and address questions that were going to come to the surface later anyway for example, how best to organise holidays.”

A father and mother giving a joint report


“We agreed that the children would join me here when they were old enough to go to secondary school. This will happen this summer and I am very happy about it. I think I would not have reached this far if I had continued along the path of legal proceedings against my ex-wife. And I would have spent a huge amount of money in lawyers’ fees since 2008. “

A father

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