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
Blogs
Case law
Child is returned pending appeal
Chafin v. Chafin
Supreme Court of the United States, February 19, 2013
Is the appeal useless, if the child is already returned?
In Chafin v. Chafin the U.S. Supreme Court decided that an appeal procedure does not become moot if the child is returned pending appeal.
In this case the District Court in Alabama had decided that the child must be returned to Scotland. Jeffrey, the father was an American soldier. He married in Scottland to Lynne, where their daughter was born. When Jeffrey was serving in Afghanistan, the daughter went to live with the mother in Germany. Afther the father’s return, the […]
Two habitual residences?
Appeal Court of The Hague
April 3 2019, ECLI:NL:GHDHA:2019:758
Can a child have two habitual residences?
The Appeal Court of The Hague has changed it’s mind on this subject. It has now decided that a child can have only one habitual residence. Even when the parents have been alternately living in two different countries with the child, there can only be one habitual residence. That residence is essential for the Court to decide whether or not the child has been abducted from that country.
Two appartments
This case is about two parents who have met in Spain in 2016. The man was renting an […]
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!
