International child abduction

• Your child has been taken or kept abroadWithout the agreement of the other parent who holds custody rights: this is wrongful removal or retention. Time works against the child and against the parent left behind.
• You are worried about a departureThe family judge can prohibit the child from leaving the country without both parents’ agreement. In an emergency, an opposition to departure can be requested from the prefecture, for fifteen days.

I help you identify the countries concerned and examine the steps suited to your case, in French or English.

Before any step, I answer three questions that shape the strategy:

1. I

   Which instrument applies?

   Brussels II ter between EU Member States, the Hague Convention of 25 October 1980 if both countries are parties, a bilateral convention, or no instrument. This framework determines the procedure and the time limits.

2. II

   How is the return obtained?

   The return application goes through the central authority, the Ministry of Justice in France, then, failing a voluntary return, through the court of the country where the child is located. The procedure is swift, in principle six weeks at each level.

3. III

   And the child’s residence?

   The return judge does not decide where the child will live: that falls to the court of the country where the child had habitual residence. Proceedings and agreements must be coordinated between the two countries.

“Analyse every option in every country, use proceedings as leverage, and seek an agreement that holds wherever it will have to apply.”

1. Identify the applicable frameworkI first check which instrument applies: Brussels II ter between EU Member States, the Hague Convention of 25 October 1980 if both countries are parties, a bilateral convention, or no instrument. This framework determines the procedure and time limits.
2. Contact the central authorityI prepare the return application with you: forms, evidence of the child’s habitual residence, your custody rights and your disagreement, and translations. I submit it to the central authority, the Ministry of Justice in France, which locates the child, forwards the application to its foreign counterpart and seeks a voluntary return.
3. Propose international family mediationIn parallel, without delaying proceedings, I propose mediation conducted by an independent mediator, often through binational co-mediation and remotely. It can facilitate a voluntary return or an overall agreement about the child’s life.
4. Apply to the court for returnIf there is no voluntary return, an application is made to the court in the country where the child is located, in France and/or abroad with a local lawyer. The procedure is swift, in principle six weeks at each level. The court orders the child’s immediate return, subject to narrowly interpreted exceptions.
5. Negotiate return arrangementsTravel dates and conditions, accompaniment, costs, protective measures, contact with each parent and any criminal complaint: I negotiate practical arrangements for a return in the child’s interests.
6. Coordinate proceedings in both countriesThe return judge does not decide custody; that falls to the court of the country where the child had habitual residence. I coordinate proceedings and agreements in each country to obtain consistent decisions that can be recognized and enforced.

Indicative sequence: each case follows its own pace.