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This forum offers parents the opportunity to voice their own experiences of international parental child abduction, and related issues, and to share useful information with others in a similar situation.

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Abduction from a non-convention country to a convention country

by Unsure / Posted 27/07/2008 / Updated 21/05/2011

Can any one give me any information regarding what to do if your child has been abducted from a country that is not part of the convention into a country which is part of the convention?

Responses

From Paul / Posted: 02/08/2008
I think that you will struggle. The Hague Convention only applies to member states and it will be difficult to have your child returned to a non HC country. You need to make a civil application to the court in the country where the child is. Be prepared for a long and costly fight! Good Luck
From Lord Protector / Posted: 02/08/2008
I think this situation will be much to your advantage if you are able to use the situation. The abductor can be arrested for the obvious crime they have commited. As to how the HC will be applied against the abductor, I´m not sure. I however believe that the abductor has fundamentally blundered in their move by going to a country that is a HC signatory. Talk to the people at reunite. They will have better advice for you. I wish you well.
From Anthea / Posted: 07/03/2009
Good luck. Be quick & smart with the paperwork. Use all legal avenues to your advantage. From experience beware of the child/children´s habitual residency status for HC country (you´ve only got about 12 months). Past that time frame you´d be hard pressed to get them out of that HC country unless you can prove that they´ve been ´abused´/health & safety at high risk. Non HC it depends on the law of that land. From the media it´s more advantageous to the abductor to be in a non HC county. Get a good legal & medical team for both types to combat culture & gender bias. In reality $ talks & who you know helps a long way with the overall outcome. Post the HC hearing you´ve to deal with other court cases that may take place in lower or upper courts (time & venue depends on each case). BTW HC hearing only tells you who gets the child/children.It doesn´t punish the abductor for the crime.In most HC both parties get some kind of shared custody over the children but in some non HC it´s mainly sole custody (other parent gets cut off). Bottom line after all the legal business is sorted you still might end up a ´cut off parent´ because the other party didn´t comply with the final legal visitation & parenting plan. Take care.
From Olivia / Posted: 29/07/2010
The Hague Convention is a multilateral treaty and as such only applies to countries that have ratified it. It doesn´t help you if the country the child was removed from has not ratified the treaty.
From Julie / Posted: 17/01/2011
My children were abducted from non hague to Norway. I got nowhere in the courts who favoured my ex husband and dismissed me as the mother. Im still fighting. My children have been alienated from me. You will have great difficulty in the european courts. No one has been able to help me. No one.
From Hazel / Posted: 21/05/2011
sorry to read about the problems you experiance.
my friend has a similar problem. He´s a citizen of a non-hague country, mother of his child married to UK citizen and wanted to move there with his child. I´m not sure its even wrongful retention on her part as dad was aware child´s moveing permamently to UK and happened with his consent. Trouble is he had no news no contact with his child ever since they left. He cant afford lawyers, detectives or such. He cant even get a visa to UK ..and even if somehow he would he has not enough money for the tickets. What can he do?? He only wants to be sure his child is well and happy. After all that´s why he agreed for a child to leave to UK-so it could have a better life and education there. Girl´s mother hates him,but he still hopes she does love their dughter enough to look after her properly. He realized the price to pay may be the child will not know of him or hate him(the mother is very likely to have that kind of influance on their child, as she couldnt forgive him their relationship break up) he wanted to put an end to fighting over the girl by both sides of families..which had bad psychological effect on the child. Now..hes paying for his sacriifice by missing his daughter and hes worried if shes definately ok there. No lawyers or mediations he can afford,hes average working man in one of poorest countries in the world. He´s even affriad that if he gets in touch with the ex through courts they will take away hal of what he has got. Says hes ex would follow that through just to hurt him as it would have no real ecomomical meaning to her(who lives presumably well in England). What can he do? he doesn´t even speak good enough English to call an advice line. He doesnt even want to be able to phone his daughter or see her photo as long as he will be told girl is healthy, goes to school ok and is happy. anyone can where can he turn for help?? He says he does not want to call police or such not to scare his daughter or case her separation with her mother..as long as its not in childs intrest. He just wants to be sure little girl is fine. Please can anyone advice him waht can he do. Myself can help him with the language part of the problem. good luck to every parent in need!

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