Միջազգային երեխայի առևանգում. վերադարձի կանոններ՝ համաձայն Հաագայի կոնվենցիայի

International child abduction occurs when one parent takes a child to another country, or keeps the child there, without the consent of the other parent who has (joint) parental authority. Under the 1980 Hague Child Abduction Convention, the court in the country where the child is must then order the child’s return forthwith if proceedings start within one year. The main exceptions are a grave risk of harm to the child, a mature child’s objection, and a child who is settled in the new country after more than a year.

Speed therefore matters. Below we explain the rules, the Dutch procedure, what happens in countries outside the Convention, and what both parents should check before and after a move abroad.

When is taking a child abroad wrongful?

Removal or retention is wrongful if it breaches rights of custody under the law of the country where the child was habitually resident immediately before, and those rights were actually exercised (Article 3 of the Hague Convention). Keeping a child abroad after an agreed holiday (wrongful retention) is treated the same as taking the child (wrongful removal).

In the Netherlands, parents who share parental authority (gezamenlijk gezag) must decide together where the child lives. If they disagree about a move abroad, either parent can ask the district court to decide under Article 1:253a of the Dutch Civil Code (BW). A parent who moves without consent or a court decision risks a return order.

Child abduction can also be a criminal offence. Under Article 279 of the Dutch Criminal Code (Sr), intentionally removing a minor from lawful authority carries up to six years’ imprisonment, or up to nine years if the child is under twelve or force or deception was used.

How does the Hague Convention work?

The Convention aims to return the child quickly to the country of habitual residence, where the court then decides on custody and residence. The return court does not decide which parent the child should live with.

• You apply to the Central Authority in your country or in the country where the child is. In the Netherlands this is the Central Authority for International Child Abduction (Centrale autoriteit internationale kinderontvoering) of the Ministry of Justice and Security.
• The Central Authority forwards the application, helps locate the child and promotes a voluntary return, for example through mediation.
• If no agreement is reached, a court decides on return. Courts must act expeditiously; if no decision is made within six weeks, the applicant can ask for the reasons for the delay (Article 11).
• If proceedings start within one year after the removal, the court orders the return forthwith (Article 12). After one year it still orders return, unless the child is now settled in the new environment.

On what grounds can a return be refused?

Return can be refused only on the limited grounds in Articles 13 and 20 of the Convention, and courts apply them narrowly. The parent opposing return must prove the ground.

• The left-behind parent was not actually exercising custody, or consented to or later acquiesced in the move (Article 13(1)(a)).
• There is a grave risk that return would expose the child to physical or psychological harm or an intolerable situation (Article 13(1)(b)).
• The child objects and has reached an age and degree of maturity at which its views should be taken into account (Article 13).
• Return would conflict with fundamental principles of human rights of the requested country (Article 20).

How do return proceedings work in the Netherlands?

If a child has been brought to the Netherlands, only the juvenile judge (kinderrechter) of the District Court of The Hague has jurisdiction at first instance (Article 11 of the International Child Abduction Implementation Act, Uitvoeringswet internationale kinderontvoering). The preliminary relief judge in The Hague can also act in summary proceedings.

The court handles the request with priority and behind closed doors, and gives the child an opportunity to give its views (Article 13 of the Implementation Act). An appeal must be lodged within two weeks of the decision, and there is no further ordinary remedy against the decision of the Court of Appeal.

The court can order the parent responsible for the abduction to reimburse the costs of the abduction and return. Where there is a risk that the child will be hidden, the court can place the child under temporary guardianship of a certified youth care institution.

Within the EU, the Brussels IIb Regulation (Regulation (EU) 2019/1111) supplements the Convention, with strict time limits for each court instance. If a return is refused because of grave risk or the child’s objection, the court of the child’s former habitual residence can still rule on custody, and that decision can be enforced in the other EU state.

What if the child is in a country outside the Convention?

If the other country is not a party to the Hague Convention or the EU Regulation, there is no fast-track return procedure. Under Article 2 of the Implementation Act, the Dutch Central Authority also handles requests in such cases, but it depends on the cooperation of the other state.

In practice you then need a lawyer in the other country to ask its courts to recognise a Dutch custody decision or to start new custody proceedings there. The Ministry of Foreign Affairs can provide consular support. A criminal complaint under Article 279 Sr can add pressure, but can also harden the other parent’s position, so coordinate it with the civil route.

How can you prevent an abduction?

Prevention starts with clear agreements and control over travel documents. A Dutch passport or ID card for a minor is only issued with the consent of every parent with parental authority (Article 34 of the Passport Act, Paspoortwet). If the other parent refuses, the court can replace that consent.

• Record in the parenting plan where the child lives, how holidays abroad are arranged and that written consent is needed for travel outside an agreed area.
• Ask the court to decide on a disputed trip or relocation in advance under Article 1:253a BW.
• If there are concrete signs of abduction, ask the court for urgent measures, such as surrender of the child’s passport.
• Keep copies of passports, birth certificates and court decisions, with translations where needed.

What should you check as the left-behind parent?

• Whether you have (joint) parental authority under the law of the country where the child lived, and whether you actually exercised it.
• The date of removal or of the end of the agreed stay: the one-year period of Article 12 runs from that day.
• Whether the destination country is a party to the Hague Convention or an EU member state.
• Whether you have filed a police report and an application with the Central Authority.
• Whether you have evidence: custody decisions, travel documents, messages about the agreed return date.
• Whether anything you said or did could later be presented as consent or acquiescence.

What should you check as a parent who wants to move abroad?

• Whether the other parent has parental authority; if so, you need their written consent or a court decision.
• Whether you can substantiate the move: work, housing, school and contact arrangements for the other parent.
• Whether to ask the court for replacement consent (Article 1:253a BW) before you leave.
• That a criminal complaint under Article 279 Sr is possible if you leave without consent.
• If you have already left: whether a voluntary return or mediation limits the damage.

What can we do for you with international child abduction?

մեր ընտանեկան փաստաբաններ և international lawyers act in cross-border custody matters, including միջազգային ամուսնալուծություններ.

• We assess whether the removal or retention is wrongful and which treaty or regulation applies.
• We prepare the application to the Central Authority and the return request.
• We represent you before the District Court of The Hague and the Court of Appeal within the two-week appeal period.
• We coordinate with lawyers in the other country when the child is abroad.
• We request urgent measures such as passport surrender, or court permission for a relocation.
• We draft a parenting plan with clear rules on travel and residence abroad.

Ամփոփում

• Taking or keeping a child abroad without the consent of a parent with authority is wrongful under Article 3 of the Hague Convention.
• If proceedings start within one year, the court orders return forthwith; refusal is only possible on narrow grounds.
• In the Netherlands, the District Court of The Hague has exclusive jurisdiction; appeal within two weeks.
• Outside the Convention there is no fast-track procedure; local proceedings and diplomacy are needed.
• Abduction can also be a criminal offence under Article 279 Sr.

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