International Parental Abduction
Avoiding International Parental Abductions
Ninety per cent of parental abductions are international. If the other parent was raised in a foreign country, has family in a foreign country, has religious affiliation with another country, or has dual citizenship in another country, they may attempt to abduct your child and take them abroad.
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty created to provide that a child wrongfully removed from a ratifying country should be returned to that country where they were a habitual resident.
If you believe your case may have international implications, seek the advice of a firm that has working knowledge of international treaties and laws dealing with family abduction.
Here are some other provisions you may include in your custody arrangement to guard against your child being taken to a foreign country:
- Penalties for abduction, specific visitation terms, restrictions on traveling with the children.
- Restricted opportunity to apply for passports or travel documents without your knowledge. (Contact the passport agency in your country and ask about restrictions regarding the issuance of a passport to your child)
- Posting a significant bond as a deterrent to a parent considering taking a child to, or not returning them from a visit to another country.
- Request that the foreign parent obtain an order or decree from a court in the foreign country that recognizes the decisions of the court in the child’s home country. This order could include a clause requiring a child be returned to his or her own country after any visit overseas.
- Consider asking the courts for restricted or supervised visitation unless guarantees can be made that the child will not be abducted.
If your child has been abducted by their other parent