International divorce
International Child Abduction – Acting Fast with the Hague Convention
When one parent takes the shared child abroad without consent, or fails to return after a holiday, every day counts. The good news: for such cases there is an effective international procedure designed for a fast return. From over 300 proceedings handled, we know what matters in the first days – and act accordingly.
Quick answer
The Hague Convention on the Civil Aspects of International Child Abduction obliges over 100 states to return a child wrongfully taken abroad or retained there – it does not re-decide custody but restores the previous situation. The procedure is designed for speed (target: around six weeks). What is decisive is acting fast.
Act in the first days
The earlier you act, the greater the chance of a fast return. Waiting worsens your position – not least because the child "settles in" to the new environment.
In brief
- The Hague Convention serves a fast return, not the custody decision.
- Removal/retention is wrongful if it breaches the other parent's custody rights.
- The procedure is designed for speed (target: around six weeks).
- The contact point in Germany is the Federal Office of Justice as Central Authority.
- Exceptions to return are narrowly limited (above all a grave risk).
What is a wrongful removal?
A removal or retention of a child is wrongful if it breaches the other parent's custody rights. With joint custody, one parent may not relocate the child's habitual residence abroad alone. Typical cases: a parent moves with the child to their home country without consent, or fails to return after a stay abroad contrary to agreement. Nationality is not decisive here, but the child's previous habitual residence.
The Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction is in force in over 100 states. Its guiding idea: the court of the country to which the child was taken should not decide on custody; rather, the child should first be returned to its previous centre of life. Custody is then decided where the child previously lived. This is meant to ensure that an abduction does not "pay off".
The return procedure
The procedure runs in several steps – and deliberately quickly:
Engage the Central Authority
In Germany, the Federal Office of Justice is the Central Authority; it forwards the application to the destination state and assists.
Application in the destination state
In the country to which the child was taken, return is applied for in court.
Expedited procedure
The courts should decide swiftly (target: around six weeks).
Return
If wrongfulness is affirmed and no exception applies, the court orders the return.
In parallel, contact with the child can be secured so that contact is not broken off during the procedure.
Exceptions to return
A return can exceptionally be refused – but the grounds are narrow and strictly examined (Article 13 of the Convention). These include, above all, the risk that return would place the child in a grave danger to body or mind or otherwise in an intolerable situation. The considered wishes of an older child can also play a role. These exceptions are not a free pass; they must be concretely substantiated.
Within the EU: Brussels IIb
Between EU states, the Hague Convention is supplemented and reinforced by the Brussels IIb regulation. It further strengthens return and governs the interaction of the courts. In EU cases, therefore, particularly strict requirements apply – a further reason to act immediately.
An acute case? Act now.
If your child has been taken abroad or is not returning, every day counts. Describe the situation briefly – we will tell you immediately which steps are now necessary.
What you should do immediately
- Don't wait. Act in the first days, not weeks.
- Document. Travel data, messages, last habitual residence, custody situation.
- Clarify custody. Who holds (joint) custody? This is the basis of the application.
- Engage the Central Authority and a lawyer. In parallel, to lose no time.
- Stay calm towards the child. The conflict belongs on the legal level, not on the child.
Frequently asked questions
What is the Hague Convention?
An international treaty in over 100 states ensuring the fast return of children wrongfully taken abroad – not the custody decision.
My partner took our child abroad – what can I do?
Act immediately: clarify the custody situation, document travel data, engage the Central Authority (Federal Office of Justice) and a lawyer, and apply for return.
How fast is a Hague procedure?
It is designed for speed; a decision is targeted within around six weeks. That is why acting early is decisive.
When is a child not returned?
Only in narrowly limited exceptions, above all a grave risk to the child (Article 13). The grounds must be concretely substantiated.
Does the Convention apply if the child has another nationality?
Yes. What matters is the child's previous habitual residence, not nationality.
What applies within the EU?
In addition to the Hague Convention, the Brussels IIb regulation, which further strengthens return and governs the interaction of the courts.