Check whether the parent left behind holds rights of custody under the Convention.
The child's habitual residence, any judgment on custody rights, the countries involved: checking that the return mechanism applies.
Practice area: International child abduction
Acting quickly when a child is removed to or kept abroad without the other parent's agreement.
In Belgian law, international child abduction covers in particular situations in which a parent takes a child abroad, or keeps the child in another country after a holiday, in breach of the other parent's parental authority or rights of custody. These cases call for a rapid reaction, because the child's habitual residence, the country concerned, the decisions already given and the applicable international conventions determine what steps must be taken.
What this covers
An international framework.
Where the 1980 Hague Convention applies, the procedure is in principle aimed at the immediate return of the child to the State of their habitual residence; the court dealing with the return application will not make a final ruling on residence or parental authority. In Belgium, the Federal Contact Point at the FPS Justice acts as Central Authority, guiding families and handling applications for return or for cross-border contact rights.
I work with you to assess the urgency, gather the relevant documents, identify the competent authority and start the necessary steps, in Belgium or abroad, to protect your parental rights and the child's interests.
Common situations
Travelling abroad with a minor child falls within joint parental authority.
The parent with whom the child does not reside must be informed of the child's departure, of how long the trip will last and of where the child will be staying abroad.
My child has been taken abroad Starting the return application without delay, together with the Belgian proceedings that support it. My child has not come back from a holiday Failure to return after a stay abroad is a case of abduction within the meaning of the Convention. I am being asked to return my child Raising the exceptions to return, where going back would expose the child to real danger. Preventing a risk of abduction Signs of an imminent departure: preventive measures concerning travel documents and residence. Leaving lawfully with your children A plan to move abroad is made legally secure before departure.
How I work
Activate the right channels.
The Central Authority, the Belgian and foreign courts, fellow lawyers in the country to which the child has been taken: everyone involved coordinates in order to obtain the child's return.
The child's right to maintain a relationship with both parents.
The aim is not to win against the other parent, but to restore the rights of a child who has been wrongfully removed.
Contact