Most countries in the world have joined the 1980 Hague Convention governing the civil aspects of international child abduction. If a minor child is wrongfully removed to another country, the parents or legal representatives are entitled to seek the child’s return to the place of habitual residence. In such a situation, the best option is to obtain qualified assistance from a lawyer with extensive knowledge of matters involving children traveling abroad. For many years, we have advised and provided comprehensive legal assistance to parents or representatives of children removed from France.
Child Abduction in France
International child abduction requires the assistance of a qualified lawyer who can rely on the international convention to properly protect your interests and enforce your rights. However, the Hague Convention applies only in the following circumstances:
- the minor was removed from France to a state that is a party to the Convention;
- the child is under 16 years of age;
- the removal was wrongful;
- the removal from the state and the retention occurred after the Hague Convention entered into force between the countries concerned.
Legal Assistance with Children Traveling Abroad
It should be understood that the Convention provides for exceptions under which the other party may demonstrate and substantiate the particular circumstances of the case, and the court may decide not to return the minor to the state concerned.
Assistance from a professional lawyer in a child-abduction matter in France ensures that the reasons for returning the child are properly substantiated and that the lawyer can demonstrate the wrongful nature of the removal. At every stage of the court proceedings, the lawyer supports the client and provides full protection of the client’s interests and rights. Most importantly, the lawyer must establish that the Hague Convention applies to the particular case involving the child’s removal from France. The lawyer will prepare a complete evidentiary record, including documents, witness statements, and evidence of psychological harm to the child. International child abduction is a serious matter for a lawyer; the specialist provides parents or legal representatives with round-the-clock support seven days a week.
Lawyer Alexander Ovchynnykov provides services including:
- drafting the application;
- collecting the required set of documents;
- completing the application form in accordance with the established requirements and submitting the application to the court;
- representing the client at hearings, where necessary.
Questions and Answers
1. What is meant by child abduction?
2. What if the child has been taken out of the country?
3. What constitutes wrongful retention of a child?