International child abduction

Do you have custody of your child? And has the other parent taken your child to another country without your consent? If so, that could be international child abduction. If your child's return is unsuccessful even with help, you can start a return procedure. In that case, you ask the court to decide that the child must return to the country from which he or she came. You will need a lawyer for this.
If the child was taken to the Netherlands, the District Court of The Hague will hear the case. If the child was taken from the Netherlands to another country, the judge of that country will in principle handle the child abduction case.

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Content

Introduction
Procedure
Costs

What is international child abduction?

There is a convention between more than 100 countries in the world, which contains agreements on international child abduction: the Hague Convention on the Civil Aspects of International Child Abduction (concluded 25 October 1980). Each country that is a party to the convention is bound by the agreements contained in the convention. According to the convention, a case concerns international child abduction if:

the child is under 16 years of age, and
the child has been taken from their habitual place of residence in one country to another country without consent (of the other person or institution that also has custody or guardianship), or
the parent who took the child does not allow the child to return to the country of origin.

What does the convention say about return of the child?

Has the child been taken to another country without the consent of the other parent with custody? Or are they being held there without permission? Then the convention stipulates the following:

The child has been in the other country for less than 1 year
Then the convention stipulates that the child will have to return to the country from which they came. There are a few exceptions to this main rule. For example, if there is a high risk of danger to the child on return.
The child has been in the other country for more than 1 year
Then the convention stipulates that the child will have to return, unless it is shown that the child is settled in (strongly attached to) the new environment. There are also a few exceptions to this main rule.

In a return procedure, a parent can ask the court to decide that the child should be returned. For this, the court looks at the rules in the convention and then decides - based on the facts and circumstances - whether or not the child should be returned.

My child has been taken to another country without my consent. What can I do?

>Alles uitklappen

1. You can ask for help from the International Child Abduction Centre
The staff of the International Child Abduction Centre (kinderontvoering.org) can help you in several ways.
- Help with conversation with the other parent
  You can first have a conversation with the other parent. IKO staff can help you with this. This is called crossborder mediation (kinderontvoering.org), because it crosses national borders. Mediation is sometimes quicker and more cost-effective than court proceedings. Depending on your situation, the government will pay (part of) the cost of mediation (kinderontvoering.org).
- Getting information and advice
  You can ask IKO staff for advice and information. For example, if you want to know whether you need to file a report of withdrawal from parental custody (kinderontvoering.org). Or if you want to find a specialised lawyer (kinderontvoering.org).
If you do not know which country your child is in, call the police in your country of residence as soon as possible. The police can then launch an investigation.
2. Request for return to the Central Authority (CA)

Can't find a solution together? Then you can contact the Central Authority (CA). All countries that are party to the Convention have a CA. Among other things, the CA handles requests for the return of the child. If you want to know which CA you should contact, check out the page Request for Return (kinderontvoering.org).
If the CA in your home country or in the Netherlands has declared that your situation looks like it concerns international child abduction, the CA will commit itself to your child's return. They do so according to international agreements in the Convention (kinderontvoering.org).
3. Court proceedings
If the CA has been unable to arrange your child's return, you can apply to the court for the return of the child. This is called the return procedure. You can start this procedure in your child's country of residence:
- Your child resides in the Netherlands
  If your child was taken to the Netherlands from abroad, you will go to the Dutch court in The Hague. For the return procedure, you need a lawyer (kinderontvoering.org) to make the request. More information on the return procedure.
- Your child resides in another country (party to the Convention)
  Then you will go to a court in that country.
- Your child resides in a country not a party to the Convention
  You can seek advice from your lawyer or the International Child Abduction Centre (kinderontvoering.org).
The decision in the return procedure is a provisional measure. This means that the judge will only decide whether your child should return as soon as possible. In which country and with which parent the child will live will be decided by the court in another procedure.
You can still opt for crossborder mediation at any time during the return procedure.

Example of a return procedure

Manon grew up in the Netherlands. She is married to Polish-born Iwan. After their marriage, the couple moved to Poland. They had two children there. Manon and Iwan decide to end their relationship. Manon would like to live with the children in the Netherlands, but Iwan does not give permission for the children to move. Manon leaves for the Netherlands with the children anyway. Iwan starts a return procedure. The Dutch court will decide whether the children should return to Poland.

Travelling abroad with your child

If you travel with your child from the Netherlands to a foreign country without the consent of the other parent with custody, this can be seen as international child abduction. This is punishable. The other parent must give you consent to take the child with you in a document, which you must show at the border. Which documents you need can be found on Travelling abroad with children (kinderontvoering.org).

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International child abduction

Content

What is international child abduction?

What does the convention say about return of the child?

My child has been taken to another country without my consent. What can I do?

1. You can ask for help from the International Child Abduction Centre

2. Request for return to the Central Authority (CA)

3. Court proceedings

Example of a return procedure

Travelling abroad with your child

See also:

Find out more:

Contact the Rechtspraak Service Centre

Social media

Telephone

International child abduction