The Hague Convention and You – Did you kidnap your child?
Thinking of taking your child out of the country without telling the other parent? Think twice because you may be committing international child abduction.
First question: how can a parent kidnap their child?
Something parents often overlook is that unless there is an alternative arrangement made through a Court Order, you share custody of your child with the other parent. This shared or joint custody applies even if you are no longer in a relationship with the other parent. What this means is that you cannot unilaterally make ‘big’ decisions about that child’s life – including taking them out of the country.
Second Question: I took my child without telling his other parent, so what?
Well unfortunately, you have violated the Hague Convention on International Child Abduction. (It’s still a violation even if you think you have a good reason e.g. to escape abuse.) Under the Convention, the ‘left behind’ parent can make a ‘Hague’ application to the foreign Court. The Hague application asks the Court to order the return of the child.
If the application is made within one year from the abduction, then the foreign Court is generally bound to return the child. There are exceptions though for e.g. if the child would be placed in grave danger. If the application is made after a year, the Court has a discretion not to order return even in the absence of grave risk.
In summary, if you want to take your child out the country, please tell the other parent and obtain their consent. Otherwise you may have kidnapped your child. Yikes!
Disclaimer: As always, while all our articles are written by attorneys, they do not constitute legal advice and are merely for informative purposes. If you have a matter we urge you to seek the advice of an attorney.