Wrongful removals of children with an international dimension are more and more common. Even if there are many international legal instruments in order to deal with those cases, procedures often remain very complex and the assistance of an international lawyer specialized in child’s abduction turns out to be necessary.
What is a wrongful removal of children ?
The occurrence of conflicts within binational families or families residing abroad sometimes implies the departure abroad of one of the parents with the child, whether it is a return to his original country of origins or an escape towards a third country. There are some instances when the travel or the non-return is only the result of a danger encountered by the child. Non approved by the other parent, this cross-border move of the child constitutes an international abduction of children, also called « wrongful removal of children ». The case of refusal of one parent to return the child at the end of a the exercise of custody rights is said « wrongful retention ».
The legal context of children’s abduction
In regards to unlawful removal or retention of children abroad, there are many international instruments (multilateral and bilateral conventions) aiming at ensuring a fast return of the child towards the State of usual residence immediately before his transfer. The most renowned is The Hague Convention on civil aspects of international children’s abduction. At the European scale, The Hague Convention was completed by the Council Regulation (EC) No 2201/2003 of 27 November 2003, said « Brussels II bis » (article 10). Despite the existence of these international instruments intended to facilitate the return of the child in the State of his usual residence, the disparities existing between different national legislations (in particular in regards to the concept of custody rights) imply an important number of litigations.
Our expertise in the field of international child’s abduction
The request for a return procedures, which treatment is accelerated in the interest of the child, are thus complex procedures requiring the intervention of an international lawyer, capable of anticipating quickly, not only the case law regarding these conventions, but also the concerned internal legislations. As we treated numerous cases in the field of wrongful child’s abduction, in demand as well as in defense, and sometimes confronted to some complex and particular cases (removal of child to be born, brotherhood), our firm has obtained a particular competence in the field.
Contact Draï law firm
In order to ask for an appointment with our law firm, do not hesitate to fill out this form hereunder. The firm will be in touch with you shortly.