17/06/2024
International Parental Child Kidnapping is a plague to families across the globe. The remedies are often difficult and always very expensive. For many parents, when an ex-partner kidnaps your child to another jurisdiction just navigating the complexities of how to address the problem is challenging.
If the country to which the child(ren) was taken is a signatory to the Hague Convention on the Civil Aspects of International Child Kidnapping, and the residential country was as well, there are at least structures in place to assist. When the child is taken to a country that has declined to sign the Hague Convention the challenges are sometimes nearly insurmountable.
When children are kidnapped to a non-Hague country the first thing to do is to contact the police authorities and make a complaint of child kidnapping. Many police won't immediately agree that a kidnapping has occurred, often wrongly thinking the other parent has a right to take their child abroad because a separation or divorce agreement simply doesn't preclude it. This is generally wrong as laws usually prohibit children from being taken to other jurisdictions without the consent of both parents (unless a court order otherwise provides for it) and children are deemed to be habitually resident where they have been living, going to school, etc. (each country sets this standard - though usually habitual residence accrues where the child has lived lawfully for the last 6-months).
The next step is to get the best legal advice you can get. It is always costly and sometimes a lack of funds can determine the outcome of having the children returned. As the Hague Convention encourages mediation, as do most non-Hague countries, contacting a competent, well-educated, trained and experienced mediator who has dealt with international child kidnapping is beneficial. Often, a return of the children can be negotiated more quickly and less expensively than long, drawn-out legal proceedings which generally bankrupt many families.
It is possible to see children returned, even from non-Hague countries. If you need assistance and believe we can help, please contact us today! [email protected] or +353860170017
A public prosecutor in Cairo has asked an Irish mother to travel to Egypt to investigate claims that her husband abducted their two children.