Family Law Newsletter

International Child Abductions

Family abduction or parental abduction is the taking of a child by a parent, in most circumstances. An international child abduction involves an additional element of crossing the nation's borders. More precisely, international child abduction may be defined as the removal or retention of a child, by a parent, across international borders. The abduction is committed in contravention of a custody order or agreement. This type of abduction is more frequent with cross-cultural marriages and the ease of travel.

Steps to Take When a Child has been Abducted

When a child has been abducted over international borders, the parent should contact the local authorities and the State Department. Also, the parent should contact the missing person section of the National Crime Information Center. The parent may also contact other missing children organizations.

The Hague Convention

The Hague Convention is a private legal mechanism that is available to a parent seeking the return of their internationally-abducted child. The Hague Convention was designed to assist in securing the safety of abducted children. It requires participating countries to find and return a child that has been wrongfully from their country of habitual residence.

A Non-Hague Convention Country

If the child has been abducted to a country that is not a signatory of the Hague Convention, the parent will be required to attempt to regain custody of the abducted child by way of the country's civil justice system. Foreign courts are not required to accept or enforce a custody order issued in the United States. The parent may also attempt to file foreign criminal charges against the abductor.

State Department

If the Hague Convention is applicable, the State Department has a lot more power and ability to assist the parent. There are many things that the State Department may be able to do in assisting the parent in recovering their abducted child. Those things include:

• Assist the parent in filing an application with foreign authorities for the return of their child, if the Hague Convention applies.
  
• Assist the parent in dealing with the foreign consulate or embassy located in the foreign nation.
  
• Assist the parent in obtaining information regarding the abducted child's welfare and health.
  
• Monitor foreign judicial or administrative proceedings.
  
• Include the abducted child's name and picture on a passport list along with the abductor's name and picture.

The State Department cannot:

• Abduct the child.
  
• Act as legal counsel for the parent.
  
• Assist the parent in violating the laws of the nation where the abducted child was taken.
  
• Pay legal fees or any costs associated with reacquiring the child.
  
• Provide refuge for a parent that decided to re-abduct their child.