What should I do in the event of international child abduction?

When one of you takes your child to a foreign country, or keeps them there, without the consent of the other parent who exercises custody rights (droit de garde), this is legally referred to as unlawful removal of a child (déplacement illicite d’enfant).

If there is a risk of abduction: what can you do in advance?

If one of you wishes to settle abroad with your child, it is essential to plan ahead.

1. If dialogue is possible, family mediation (médiation familiale) can help calm discussions and reach an agreement in the interest of your child.
2. If dialogue is conflictual, you can refer the matter to the family court judge (juge aux affaires familiales) in order to:

• modify the arrangements for exercising parental authority (autorité parentale);
• modify the child’s residence;
• prohibit the child from leaving French territory without the authorization of both parents (Article 373-2-6 of the French Civil Code).

In the event of imminent risk, an emergency objection to the child leaving the country (opposition à la sortie du territoire, OST) can be requested from the prefecture: it prevents the child’s departure for 15 days, pending the judge’s decision (see How can I prevent my child from leaving the country?).

If the abduction has already taken place: actions to be taken

1. Civil legal action. You can apply to the French judge, who in principle retains jurisdiction, to determine the child’s residence; a decision finding that the removal was unlawful can also support the return proceedings (Article 15 of the 1980 Hague Convention).
2. Criminal action. You can file a criminal complaint for abduction of a minor (soustraction de mineur) or non-representation of a child (non-représentation d’enfant). This quickly alerts the public prosecutor’s office and initiates 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 is bound by a bilateral convention with France), you can refer the matter to the French Central Authority, at the Ministry of Justice. Note that within the European Union, the Brussels II ter 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 for 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, more than one year after the removal, the child has settled into their new environment, or if there is a grave risk of danger or of an intolerable situation (1980 Hague Convention, Articles 12 and 13; French Court of Cassation, First Civil Chamber, June 27, 2019, No. 19-14.464).

Gaëtan Escudey is available to defend and reconcile your interests and those of your children.

This general information does not replace a consultation: each situation requires individual assessment.