International Child Abduction
It is more common than you think: international child abduction. And it also happens in more occasions than you think.
What is international child abduction?
Simply put: if you move your child(ren) from one country to another without permission from the other parent. The other parent must have parental responsibility for the child.
As we have more opportunities nowadays to work abroad, but also to marry a partner from another country, international child abduction has become more common.
Everyone understands that, when a relationship ends, you want to return to the country of origin and take the children with you. However, in order to bring the children back, the consent of the other parent with parental responsibility is required. If you do not have such consent and if you return, you run the risk that the parent who stays behind submits an order to return the children at the District Court in The Hague.
These proceedings differ substantially from 'standard' proceedings. Such return proceedings are based on the Hague Convention on Child Abduction 1980 (HKOV), the Implementation Act and the Brussels II bis Regulation. The interpretation of (legal concepts such as) parental responsibility, the habitual residence of the child and the grounds for refusal are of great importance.
Augusta van Haga has years of experience, advising in both incoming (transfer to the Netherlands) and outgoing (transfer from the Netherlands) child abduction cases. In addition, she regularly assists parents staying behind as well as transferring parents in the above-mentioned return proceedings.
Her advice is to contact a lawyer specialised in international child abduction at the earliest possible stage.
Membership specialist lawyers associations: The Dutch Association of International Child Abduction Lawyers (D.I.A.L.), registration as a child abduction lawyer at the International Child Abduction Center (CIKO) and the Legal Aid Board (Raad voor Rechtsbijstand).
Contact person: Augusta van Haga