Wed 19 Dec 2018

Will I commit parental child abduction if I return home with my child?

When families move abroad, or where one parent is originally from a different country, there is often a question if separation or divorce does arise as to where the child will stay if one parent decides to move "home". 

"Home" for a parent is not necessarily a child's place of habitual residence. Many parents don’t realise the legal implications of moving their child to a new country, meaning that parental child abduction can happen without much thought.

The Hague Convention on the Civil Aspects of International Child Abduction is an agreement between a significant number of countries globally which helps return children to their country of habitual residence, so the courts in that country can make decisions about their welfare. You may still fall foul of the law even if you have or are considering taking your child from a non-convention country without the consent of the other parent.


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