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Lawyer in France » Services » Legal Assistance in International Child Abduction Cases

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?

Under international law, international child abduction is the unilateral and unlawful decision of one parent to determine the child’s future independently, including the child’s place of residence. In practice, international child abduction generally involves moving a child from the country of habitual residence to another country. International child abduction cases usually arise against the background of a serious conflict between the child’s parents.

2. What if the child has been taken out of the country?

If one parent has reasonable grounds to fear that the other parent may take the child to another country, it is advisable to take preventive measures and obtain an administrative or court order prohibiting the child from traveling abroad. The laws of many countries provide mechanisms for such a prohibition. If one parent has already taken the child to another state, the procedure for returning the child to the other parent should be initiated immediately. Depending on the individual circumstances, the procedure may begin directly in court or may initially be pursued out of court, for example through negotiations or by seeking assistance from specialized international mediation bodies. In certain cases, the parent who takes a child abroad may also face criminal liability.

3. What constitutes wrongful retention of a child?

In some cases, taking a child abroad may itself be lawful, while the child’s subsequent retention is wrongful. A classic example is a child traveling with one parent for a holiday or to visit relatives, where that parent decides at some point — often in advance — not to return to the child’s country of habitual residence.
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