International Child Abduction by a Parent

The freedom of movement within international borders and the removal
of administrative obstacles to cross-border travel have significantly
contributed to an increase in cases of international child abduction by a
parent. Such incidents most commonly arise from marital or relationship
breakdowns, and from the inability of parents to reach an agreement on
the custody and care of a child following separation. Few people,
however, are aware that such actions are illegal and constitute a serious
violation of the child's best interests.
Matters concerning the unlawful international removal or retention of a
child are primarily governed by the Hague Convention of 25 October
1980 on the Civil Aspects of International Child Abduction.
According to the Convention, wrongful removal or retention occurs when
there is a breach of custody rights attributed to a person, institution, or
other body, exercised either jointly or alone, under the law of the state in
which the child was habitually resident immediately prior to the removal
or retention. These custody rights must have been actually exercised –
either jointly or alone – at the time of the abduction or retention, or would
have been so exercised but for the wrongful act.
It is important to note that the provisions of the Hague Convention apply
exclusively to cross-border abductions or retentions. In cases that do not
involve the crossing of international borders, national laws apply.
Furthermore, if a child is wrongfully removed to or retained in a Member
State of the European Union, the Council Regulation (EC) No.
2201/2003 (commonly referred to as Brussels II bis) takes precedence
over the Hague Convention. This regulation establishes jurisdiction and
procedural rules in matters of parental responsibility, including child
abduction within the EU.
To seek the return of a child who has been wrongfully removed or
retained abroad, an appropriate application for return must be
submitted to the competent authority in the country where the child is
currently located.