International Child Abduction
There are two kinds of international child abduction:
- One parent takes the child to another country, without the consent of the other parent who also has custody
- One parent decides not to bring the child back to the country where it has it’s habitual residece, without the consent of the other parent who also has custody.
When both parents have custody over a child and one parent decides to take the child to another country, or keep the child in another country without the consent of the other parent, it is a situation of international child abduction. In many countries this is a criminal act.
The Hague Convention on International Child Abduction dictates the member states to make sure the child will be returned immediately to the state where it had it’s ‘habitual residence’ before it was abducted. There are only a few exceptions to this rule.
Child abduction creates a complicated situation, which needs to be solved as soon as possible, for the best interest of the child.
Scroll down, to read more about international child abduction:
- what I can do for you
- A-Z explained
- FAQ
- other relevant websites
- blogs
- case law on child abduction
What I can do for you in case of a (possible) international child abduction
Contact the Central Authority
The remaining parent, who’s child had been abducted, can contact the Central Authority of its own country. The CA will then contact the CA of the country where the child is living.
The Central Authorities will work together to exchange information, protect the child, try to solve the matter with mediation or enable a court procedure.
Start a procedure in any other country
You can contact me if you have any questions about international child abduction. I will gladly share my knowledge and experience on The Hague Convention, all related international legal sources and the Dutch court procedure.
On request I can check your Return Request form or court papers and discuss your strategy.
Execution of return decision
The Convention also obligates the countries to assure that after the court has decided a child must return, the child will indeed be returned.
The Dutch law gives several options to put pressure on the abducting parent, such as assistance of the police, penalties, or taking the abducting parent in custody . But there are more options.
Read more about International Child Abduction
More information for you to read through
Public sources
The Dutch Central Authority
How to contact the Dutch Central Authority to file a return request
www.government.nl/topics/international-child-abduction
The Dutch Central Authority is the first organisation to talk to if you want to file a return request. They will do some research before deciding if they will accept your request. And then they will start their out of court procedure, which will not cost you anything.
They will contact the parent who took the child to the Netherlands and see if he or she is willing to cooperate or to cooperate with mediation.
If that does not have any positive result, you will have to decide wether or […]
Who to contact?
Centrum IKO
The Dutch International Child Abduction centre
If you wish to file a return request about a child who has been abducted to the Netherlands, you want to know who to contact. In a case of child abduction, you can contact the Dutch Centrum IKO. You do not need a lawyer to do so. In case of emergency, they can even contact the border patrol for you.
IKO is an independent organisation, funded by the Duth Government. They can explain what options you have in the Netherlands. They can give you information and explain the possibility of Cross Border Mediation. The […]
Blogs
The grave risk exception
If a child has been abducted by it’s parent to another country, the other parent can ask the court in that country to order the return of the child to the country where the child lived before the abduction. The court can refuse, based on the grave risk exception.
Grave risk exception
The judge can refuse to give that order, on the grounds that there is a serious risk that the child in that country will be exposed to a physical or mental danger, or be put in an unbearable condition in any other way (Article 13, paragraph 1 sub b Hague […]
The habitual residence of a child
The Hague Child Abduction Convention aims to ensure the immediate return of children who have been unlawfully transferred or detained in a Contracting State. The treaty serves to protect the children, but also to protect existing rights of access. In order to do so, the court needs to know what is the habitual residence of a child.
The procedure in which the court is requested to order the return of the child is conducted in the country where the child is currently residing. That court […]
Case law
12 months suspended imprisonment
District Court of Gelderland
July 1 2022, ECLI:NL:RBGEL:2022:3355
The mother withdrew her three-year-old daughter from the father’s legal custody for 14 months. Now she gets a suspended prison sentence with probation and she must pay damages.
Unknown address
The mother did not return after a vacation with the minor abroad. She did not let the father know in which country they were staying. She had de-registered in the Netherlands. And in France she had deliberately not registered and had no bank account or car in her name, with the aim that she could not be easily found. As a result, it took a […]
Children’s ‘refusal’ not accepted
District Court of The Hague
March 26 2020, ECLI:NL:RBDHA:2020:2861
The Convention
If you would like to read more about international relocation of children, please visit the website Carefulchildrelocation.com.
This website covers:
- international visitation,
- international parenting plans,
- obtaining permission to relocate,
- preventing the other parent to relocate,
- child abduction,
- the 6 defences in cases of child abduction
and much more!
