Supporting parents in cross-border family disputes and parental child abduction 

When cross-border parental child abduction takes place, there are both international and European legal instruments to enable the swift return of the child to their habitual residence. The courts in the place of the child’s habitual residence have jurisdiction to determine custody arrangements.

If your partner has taken your child to another country, it is very important that you act quickly. There are certain legal steps you will need to take, if your child has been taken to another EU country or a country that is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, you should contact the central authority in your country to begin the process of having your child returned home. 

For more information on child abduction, please consult the E-Justice Portal and European Commission websites.

Providing you with information on options to resolve the situation

If you want to address the Coordinator with the enquiry, please note that the Office of the Coordinator responds only to motions submitted via email.

The Coordinator can support you by guiding you through the various options open to you in order to resolve the situation as quickly as possible.

We will do so in an impartial and neutral manner, guided by the principle of the best interests of the child, bearing in mind that your child has the right to foster a relationship and contacts with both parents, if it is not contrary to the child’s best interests.

Please note that the Coordinator does not under any circumstances offer legal advice or legal assistance.

Guiding you in the complexity of proceedings

The Coordinator’s office is working closely with national and international bodies and stakeholders, experts on parental child abduction and other cross-border family issues. Where appropriate, we can guide you by providing information on measures available to redress the situation. 

As the Coordinator’s guidance does not constitute legal advice or legal assistance, the information provided is additional to professional legal advice provided by your lawyers and does not replace it.

Providing information on mediation as an alternative to court proceedings

Mediation in high conflict family cases such as cross-border parental child abduction and custody and access disputes can be very effective as parents are guided by impartial and experienced mediators. Cross-border mediators are trained specialists and familiar with the complexities of such cases.

Mediation can help you to communicate with your former partner in a safe and neutral setting and find a voluntary, viable and child-oriented solution that will be acceptable to both parents, but most of all will help you focus on the needs of your child and ensure the child’s best interests are protected. It can also help you avoid long and costly court battles.

We can explain how mediation works and we will seek to encourage you to consider this option, if appropriate.

If you would like to know more about mediation, please send us an email so that we can provide you with relevant information. We can guide you in contacting mediators trained in cross-border family conflict and in particular in parental child abduction cases in your country.

For experienced cross-border mediators you may consult the EU Network of Family Mediators and the International Mediation Centre for Family Conflict and Child Abduction (MiKK).

Directing you to specialised lawyers and legal aid

Return proceedings and other cross-border family disputes are complex and so we urge you to seek advice from lawyers who have specialist knowledge and experience in such legal proceedings.

The central authorities in EU countries can provide you with details of lawyers working in this area in each country.

If your child has been taken to a country where the 1980 Hague Convention does not apply, we can also inform you on possible local interventions.

Legal proceedings on cross-border family disputes can be costly. If you require legal aid, the E-Justice portal provides detailed information on how to obtain legal aid in another Member State. The central authority can also advise you on the options available to you.

The 1980 Hague Convention on the Civil Aspects of International Child abduction applies in 101 states worldwide. It aims to secure the prompt return of children wrongfully removed or retained in a country and to ensure that the rights of custody and access are respected in both countries.

The Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast), “Brussels IIb” applies from 1 August 2022 in all EU countries, with the expectation of Denmark, in addition to Hague rules.

The Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations applies to maintenance obligations arising from a family relationship, parentage, marriage or affinity.

The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (HCCH 1996 Child Protection Convention) is a multilateral treaty covering a broad range of civil measures to protect children in cross-border situations. The Convention provides uniform rules that prevent conflicting decisions, enable cross-border co-operation between authorities, and secure the recognition and enforcement of measures among Contracting Parties.