Child Abduction
International child abduction occurs when a minor is unlawfully taken to another country and retained there. It is unlawful in the sense that it goes against the rules of custody in force in the country where the minor has his/her main place of residence, the country where the child lives most of the time and where most of his/her friends are.
In the cases of international abduction, it is almost always one of the parents who takes the child to another country without the other parent's consent. In some cases, also the grandparents, relatives or other interested persons are involved or guilty.
If you plan to come back with your child to the Netherlands from another country, you should know that you cannot just do it. You may be considered an international child abductor. If such abduction had occurred, the Hague Convention on child abduction would apply.
The Hague Convention on international child abduction of 1980 indicates when such a case exists. In summary, the Convention applies whenever any of the following circumstances occurs:
• The child is younger than 16 years of age.
• The child is taken to another country or there retained without the
permission of the parent with rights of custody (or shared custody),
or without substitute judicial authorisation.
• The child is taken to another country or there retained in breach
of the law of the country where the child usually lives.
• Place of habitual residence is understood as the home where the
child mostly lived before the abduction, where he/she went to
school and had his/her friends.
Authorisation is understood as:
Authorisation for permanent residence in another country, not just for a given period, as a vacation.
Right of custody is understood as:
The right relative to the care of the child, and in particular, the right to decide on his/her place of residence.
The goal of the Convention is to prevent child abduction. Your child should return as soon as possible to the country from where he/she has been removed. This is very important because if the child stays in the new environment for a period longer than three to six months, there is a high risk that he/she may become accustomed to his/her new life.
Courts make a very strict interpretation of the Convention. The judge is obliged to send your child back, unless the exceptions of the Convention can be successfully appealed to. However, this appeal is not easily granted. There is no difference in the Netherlands between abduction occurring in a state party to the Convention and another state that is not. The Central Authority deals with all petitions equally pursuant to the governing law.
The Convention does not apply in the following cases:
• If you can decide on your child's place of residence under the law
of the country where you live with him/her.
• If you have the other parent's permission to take your child with
you to the Netherlands and remain there for an undefined period.
• If you have a substitute judicial authorisation in the country of
departure to take the child with you. If the judge's authorisation
includes certain conditions, your stay in the Netherlands may be restricted.
This authorisation of permanent residence is not equivalent to the authorisation for an undefined period, such as a vacation in the Netherlands. In the event that you have an authorisation for an undefined period, you will not be committing child abduction during that period. If you do not return once said period has elapsed, but remain in the Netherlands, you will fall under the scope of enforcement of the Convention and will be guilty of abduction.
If the Hague Convention on international child abduction applies to your case, your actions may have several consequences:
• The Central Authority may receive a petition from your spouse
for the restitution of the child.
• Legal consequences in case of restitution of the child to the country
from where he/she was removed. They vary according to the country.
• Practical consequences in case of restitution of the child to the country
from where he/she was removed. They vary according to the case.
If you have any question on the above, please contact us. We will be pleased to assist you; you will find our experience of help.
For urgent cases we are available at the telephone number 0031654967023.