Desiring to protect children internationally from the harmful effects of their wrongful removal or retention…as well as to secure protection for rights of access.
–Hague Abduction Convention, Preamble
During the 2013 calendar year, 702 new cases of outgoing and 364 cases of incoming international child abduction were reported to the U.S. Central Authority. This paper will present international parental child abduction information, and list warning signs and preventative measures to protect children from international abduction.
The Hague Conference on Private International Law, or HCCH, was formed in 1893 in an attempt to organize and bring together guidelines for international law.
The Office of Children’s Issues, as a component of the Department of State’s Bureau of Consular Affairs, serves as the U.S. Central Authority for the Hague Convention. In particular, the Convention helps parents who already have a custody order, despite challenges of international law. These challenges can include the issue of U.S. court orders not being recognized by other countries’ legal systems, and the fact that each country is a sovereign nation, which generally cannot interfere with another nation’s system of government or jurisdiction. For the most part, every country only has legal authority within its borders and authority over people within those borders.
In calendar year 2012, 799 outgoing cases and 344 incoming cases of international child abduction were reported to the U.S. Central Authority. As the main hub of communication between parents and foreign governments involved in international child abduction cases, the Central Authority helps find abducted children fosters amicable resolutions to cases of parental abduction, and processes requests for the return of children unlawfully abducted or held internationally.
The Central Authority encourages all interested parties to prevent abduction by taking steps to ensure protection of children. These steps include:
- Maintain copies of custody orders, and all pertinent legal documents.
- Ensure the custody decree provides details on issues of beginning and end dates of visitation, restrictions on moving or relocation, accompanied visits by parents, mandating legal approval for removing the child from the home state or country, and providing for an impartial person or entity to secure passports.
- Clearly detail the child’s living situation, and discuss the legal ramifications of joint—custody orders in parental abduction cases.
- Notify law enforcement of any threat of abduction, no matter how minor it may seem. Provide law enforcement with copies of Protection From Abuse orders. If the potential exists for harm to the child, investigate private locations for parental visits.
- Be aware of any sudden changes in the life of the other parent, such as losing employment, selling a residence, or liquidating funds.
- Act at once if you feel the child has been abducted. Ensure that law enforcement report all details, and enter the child into the FBI’s National Crime Information Center immediately.
- In the case of dual nationality, one parent may be a native of another country. The embassy of that country should be contacted, and asked about their regulations for passports for minors.