Stop child abductions

Matters of wrongful removal or wrongful retention of a child are governed by the Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (Journal of Laws of 1995.108.528).

This legislation is intended to ensure the immediate return of children who have been unlawfully abducted or detained in one of the Contracting States. The Convention applies to every child who had his or her habitual residence in a State Party immediately before the right of custody was infringed.

If the case is pending before a court of a Member State to which a child has been wrongfully removed or retained, that court has the power to issue a decision refusing to order the return of the child if one of the conditions of the Hague Convention is fulfilled.

However, at the same time, that decision may then be replaced by a subsequent decision taken by the court of the Member State of the child's habitual residence prior to the unlawful removal or retention. If such a decision results in the return of the child, it is recognised and enforced without any special procedure and without any possibility for the Member State in which a court has refused to order the return of the child to object in any form.

 

The section specifically dedicated above provides detailed information on the preparation of an application under the Convention for the return of a child following international abduction and for the exercise of rights of access and accommodation. A brochure is also available for download in pdf format.

We also recommend the video prepared by the European e-Justice Portal and the brochure prepared by the European Commission (available below).