What should I do in the event of international abduction of my child by the other parent?
When one of you leaves for a foreign country without the consent of the other parent, if the latter has custody rights, this is legally referred to as unlawful removal of a child.
If there is a risk of abduction: what can you do in advance?
If one of you wants to move abroad with your child, it is essential to plan ahead.
1- If dialogue is possible, family mediation can help calm discussions and reach an agreement in the best interests of your child.
2- If dialogue is conflictual, you can refer the matter to the family court judge in order to:
o modify the terms of parental authority,
o review custody arrangements,
o or make an emergency request to the prefecture to prevent the child from leaving the country. This temporarily (15 days) prohibits the child from leaving. This prohibition may be extended by the judge or prosecutor.
If the abduction has already taken place: actions to be taken
1. Civil legal action. You can apply to the judge to have the removal recognized as unlawful. This decision will form the basis for any return proceedings.
2. Criminal action. You can file a criminal complaint for child abduction or failure to present a child. This will quickly alert the public prosecutor’s office and initiate proceedings.
3. Implementation of an international return:
– The child is in a country bound by an international convention: If the country has ratified the 1980 Hague Convention (or is a member of the European Union, or bound by a bilateral convention with France), you can refer the matter to the French Central Authority (the Bureau of International Civil Assistance). It should be noted that within the European Union, the Brussels II Regulation reinforces this mechanism.
– The child is in a country that has not signed any convention on this matter: These procedures are more complex. They require working with the Ministry of Europe and Foreign Affairs and, if necessary, with a local correspondent.
However, in certain circumstances, the return of the child may be refused if it is contrary to the child’s interests, in particular if the child is considered to be settled in a new country or if there is a risk of serious danger or the creation of an intolerable situation (Cass. Civ.1ère , June 27, 2019, No. 19-14.464).
Gaëtan ESCUDEY is available to defend and reconcile your interests and those of your children.