| If you believe that your child is at risk of being taken | | | | strongly recommend that you hire an experienced |
| out of the country by his other parent, or if this has | | | | attorney to handle this. |
| already happened, there are several things you must | | | | If your child has been taken |
| and should do immediately. If your child is still in the | | | | If your child has been abducted, you need to act |
| country, you and your attorney should work on | | | | immediately. First, contact local law enforcement and |
| precautionary measures, such as finalizing a specific | | | | make a missing-person report and ensure that they |
| custody order, which is discussed in more detail below. | | | | enter this information into the NCIC, which is run by the |
| If your child has already been taken, you should | | | | FBI. Also make a report with the National Center for |
| contact local law enforcement immediately and | | | | Missing and Exploited Children and call the U.S. |
| possibly file an application under the Hague Convention | | | | Department of State (Office of Children's Issues) to |
| on Civil Aspects of International Child Abduction, which | | | | discuss your situation and obtain further advice. |
| is also explained in further detail below. | | | | Next, you need to figure out whether you can file an |
| Before your child is taken | | | | application under the Hague Convention (your attorney |
| Oftentimes, there are warning signs of the other | | | | advise you on this). The Hague Convention is an |
| parent's intentions. Being aware of these warning signs | | | | international agreement between and among certain |
| can help prevent a child abduction to a foreign country. | | | | countries that agree to help each other recover and |
| Some of the things to look out for include whether the | | | | return abducted children. (Review the link for a list of |
| other parent lacks financial or familial ties to this | | | | partner countries: ) |
| country but has a strong network of family and friends | | | | You will note that many countries are not a party to |
| in his or her home country. If he or she has threatened | | | | this agreement and it does not apply to children 16 |
| to take your child out of the country or tried to do so in | | | | years or older. Oftentimes, the other country will hold a |
| the past, this is a major red flag. Also ask yourself if | | | | trial and look at the facts as well as identify the child's |
| the other parent needs to be here for financial reasons | | | | country of "habitual residence" in making a decision. If |
| or if he or she is financially independent, have they | | | | the child is considered mature enough (no specific age |
| applied for a passport for themselves or the child, | | | | designated), their wishes will also be considered. |
| have they quit their job, sold their home or changed | | | | The foreign court does not make a decision regarding |
| immigration status. These are all things that may point | | | | custody but rather whether the child should be |
| to an imminent departure and perhaps with your child. | | | | returned for a custody determination. It is also |
| You should talk to your attorney immediately if you are | | | | important to note that the foreign court does not have |
| concerned. Together, you can work on creating a | | | | to honor a custody order that you may already have |
| custody order or modify an existing one with certain | | | | but it may help. You will likely need an attorney in the |
| preventive measures. | | | | country and your attorney here should help you find |
| To be effective, the order should be specific and | | | | someone and work with them to ensure that all proper |
| properly made. Visitation, for example, should outline | | | | measures are taken to find and return your child. |
| certain days and times and not state "reasonable | | | | You should file an application under the Hague |
| visitation" which is too subjective and difficult to | | | | Convention immediately because if it has been over a |
| enforce. You should also consider adding provisions | | | | year, the other country may decide that the child is |
| about supervised visitation, allowing law enforcement | | | | already acclimated to the new country and should not |
| to assist with violations of the order and specifically | | | | be returned. |
| prohibiting certain pick up places such as day care or | | | | A Hague Convention application is a civil matter, not |
| school. | | | | criminal. An experienced attorney will help you weigh |
| To be properly made, the court must have jurisdiction | | | | whether or not you should seek criminal charges |
| (the power to make the order in your case), and notice | | | | against the other parent. Some countries will not return |
| must be made to the other parent. Your attorney | | | | a child if the parent will be arrested or prosecuted. So, |
| should guide you in these procedural matters and | | | | this is something you need to carefully weigh with your |
| ensure that the order is properly made. | | | | attorney. |
| Other actions you can take include asking the court to | | | | If your child has been taken to a country that is not |
| have the child's passport surrendered and/or prevent | | | | part of the Hague Convention, you can try to go |
| the other parent from applying for a passport for the | | | | through the judicial system of that country to obtain a |
| child. You can also notify the Department of State of | | | | custody order in that country or have your existing |
| these court orders and have any applications for a | | | | custody order enforced. Of course, your success will |
| passport for your child flagged. | | | | depend on the facts and the country involved. While |
| Other practical actions you can take include the | | | | some countries have consistently worked with the U.S. |
| following: take pictures of your child, know their social | | | | in child abduction cases, other countries are less |
| security number, get them fingerprinted, notify schools | | | | cooperative, and even resistant. |
| and daycares of any custody orders and give them | | | | Since local, federal and international laws are in play |
| certified copies and know all the pertinent personal | | | | when a child is abducted and taken to a foreign |
| information of the other parent (social security number, | | | | country, it is highly recommended that you obtain an |
| driver's license number, passport information). | | | | attorney experienced in not only international family law |
| If you believe your child is risk of being taken at any | | | | but child abduction. Such an attorney can guide you |
| moment and there is no court order regarding custody, | | | | through the process and formulate a plan for returning |
| you can get an emergency order preventing the other | | | | your child safely. |
| parent from taking your child out of the country. We | | | | |