(International) Child Abduction or Parental Abduction
We speak of international child abduction when one parent decides to relocate abroad with their child(ren) without the consent of the other parent or a court.
Sometimes, however, the situation is not that straightforward. It often happens that one parent goes on holiday with the children and does not return. Or you fear that the other parent will not return. In some cases, you may not even know where the other parent is with the children at a given moment.
When one parent takes or retains a child without the other parent’s consent – and there is joint parental authority – this is referred to as parental abduction or child abduction. This can occur both within Belgium and internationally, when the child is taken abroad or retained there.
Child abduction is not only a traumatic event for the child but also a legally complex situation for the parents. Swift and effective action is therefore crucial.
When is there child abduction (according to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction)?
- The child was taken to or is retained in a country bound by the Convention;
- The child is under 16 years of age;
- The child had their habitual residence in Belgium (or another country bound by the Convention);
- Before the removal, you had custody rights over the child and were exercising those rights;
- You did not consent to the change of the child’s residence.
If you believe your child has been abducted, you can file a return request if the conditions are met. Unsure whether this is child abduction or parental abduction? In any case, contact us via info@fairway.law or +32 2 253 26 00.
If child abduction has indeed occurred, time is of the essence.
In the event of a return request, the Belgian Central Authority will, depending on where the children are, contact the Central Authority of the country where the other parent is with the children.
Frequently Asked Questions about Child Abduction
If parental authority is exercised jointly, you always need the other parent’s consent to move abroad with your child. Without agreement, the relocation may be considered child abduction.
When travelling alone with your child, it is recommended to carry a written consent from the other parent, preferably with a certified signature from the local authorities. If you and your child do not share the same surname, a birth certificate may be useful to prove the relationship. Also check in advance with the airline and the embassy or consulate of the destination country about any additional required documents.
If you did not give (even implicit) consent to the relocation, this is child abduction. File a return request or try to resolve the matter through mediation with the other parent.
Contact a lawyer. You can show that no abduction occurred if the other parent consented (explicitly or implicitly) or if there is no joint parental authority. Keep messages, e-mails, and voicemail recordings to prove the other parent’s (implicit) consent.
Moreover, even in cases of child abduction, you may oppose to returning if you can prove that returning the child would expose them to serious physical or psychological harm or an intolerable situation.
Contact a lawyer to discuss protective measures. Also report the situation to the police so there is a record of your concerns. This increases your chances of demonstrating lack of consent if parental abduction occurs.
File a return request with the Belgian Central Authority or the Central Authority of the country of origin and consult a Belgian lawyer. The proceedings concerning the request for return will be conducted before a Belgian family court.
IN ALL OF THE ABOVE CASES, YOU SHOULD CONSULT A LAWYER
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Common Situations
Has your child been taken without your consent from Belgium to a country that is a party to the Hague Child Abduction Convention? You may file a return request with the Belgian Central Authority for children under 16 years of age. This can be done directly or with the assistance of a specialised lawyer, which increases your chances of a swift and effective approach.
After receiving your request, the Belgian Central Authority forwards it to its counterpart in the country where your child is located. The foreign authority officially notifies the other parent of the suspected child abduction and requests the voluntary return of the child to their habitual residence.
If the other parent does not comply with the request for voluntary return, a judicial return procedure may be initiated in the country concerned. This procedure is conducted by that country’s Central Authority. It is often advisable to also engage a local specialised lawyer to safeguard your interests.
FAIRWAY is a member of the International Academy of Family Lawyers (IAFL) and therefore has access to an extensive international network of experienced family lawyers. Through this collaboration, we can act quickly and take all necessary steps to secure the return of your child to Belgium.
When a parent brings your child to Belgium without your consent, you may file a return request with the Belgian Central Authority. This applies to both Hague Convention and non-Convention countries.
The Belgian Central Authority handles both situations in the same way. It contacts the relevant authorities and the taking parent to seek a voluntary return. If this does not lead to a solution quickly, legal proceedings may be initiated in Belgium.
It is strongly recommended to engage a lawyer specialised in international child abduction cases from the start. This ensures that your rights are defended optimally and that the appropriate legal steps are taken without delay.
Is your child taken from Belgium to a country that is not a party to the Hague Child Abduction Convention? You can still file a return request with the Belgian Central Authority.
Since no Central Authority exists in the country concerned, your request is forwarded to the Ministry of Foreign Affairs. This ministry then contacts the Belgian embassy or consulate in that country to seek a diplomatic solution.
If this does not lead to a voluntary return of the child, it may sometimes be possible to initiate legal proceedings abroad. The rules and prospects for success vary greatly from country to country.
Especially in such complex situations, it is essential to consult a lawyer specialised in international child abduction immediately. This avoids time loss and ensures that your file is correctly structured from the start.
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