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
Permission to travel
Authorisation form
Download the authorisation form here.
What do I need to travel abroad with our child?
If you are travelling with your child, but without the other custodial parent, you need to bring this form, signed by the other parent. This way you can proof that you have the other parent’s permission to travel.
Also, you need to bring the documents that are mentioned on the form, such as:
- Copy/copies of authorising adult’s passport(s) or identity card(s).
The following additional documents may be required, depending on your personal situation:
• A recently issued international extract from the Personal Records Database (BRP) relating
to the minor […]
Full text of the Hague Convention
The Hague Convention
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
You can read the text of the Convention on the website of the HCCH, the Hague Conference on International Private Law. Read the full text of the Convention in English or in one of the available translations.
The HCCH website also shows:
Blogs
International child abduction: does age make a difference?
What difference does the age of the child make when it comes to The Hague Convention, and a request to return the child to the country where the child has it’s habitual residence?
Article 4 of the Convention
First of all, article 4 of the Convention states: the convention ceases to apply when the child reaches the age of 16. Even if the procedure has started before the child turns 16, there will not be a return decision.
Resistance of the child
Secondly, the age of the child matters when the child shows resistance against a possible return. As you know, the request for […]
Case law
The habitual residence of a baby
Monasky v. Taglieri
Supreme Court of the United States, February 25 2020
Do you need an agreement to have ‘shared parental intent’?
In Monasky v. Taglieri the Supreme Court rejected Monasky’s argument that an actual agreement was required in order to establish shared parental intent.
Monasky is a U.S. citizen. Taglieri an Italian citizen. They were married in 2011, when they were living in the U.S. They relocated to Italy in 2013. Despite marital problems and physicall abuse, Monasky became pregnant in 2014. Tagliere then moved to Lugo, which was 3 hours away. However, the parties continued to collaboratively make plans for the […]
Is it a criminal act if you abduct your own child?
Appeal Court The Hague
December 2 2019, ECLI:NL:GHDHA:2019:3154
In this case a father kept the children away from their mother for a period of 11 years. The Appeal Court sentenced him to imprisonment for a period of 42 months. The Appeal Court also decided that he has to pay the mother 15.000 euro’s for damages.
The father took the young children to Egypt in February 2005. He simply picked them up from school without the mother knowing being aware. At that point the children were 3 and 8 years old. He changed their names. Later, he moved with them to Sudan, back […]
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!
