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International parental child abduction: what does the law say?
When one of the parents illicitly takes his child to a foreign country, we speak ofinternational parental abduction. To obtain the return of the child to his country of origin, the best thing to do is to file a criminal complaint for non-representation of the child. “This makes it possible to obtain dissemination of an international arrest warrant and to have the person responsible searched for by Interpol, ”explains Maître Véronique Chauveau.
“The displacement of a child by one of his parents abroad is considered unlawful when it is committed in violation of the conditions for exercising custody – or, in France, parental authority – granted to the other parent, or to any institution or body, by the law of the State in which this child habitually resided before his displacement ”, specifies the Ministry of Justice.
Articles 227-5, 227-7 and 227-9 of the penal code punish three years’ imprisonment and a fine of 45 euros one who has refused to represent a minor child to the person who has the right to claim it or has taken it from the hands of the one entitled to claim it.
The original 2-year sentence is aggravated by article 227-9 of the penal code when:
- The minor child is detained beyond five days without those who have the right to claim him knowing where he is.
- A minor child is unduly detained outside the territory of the Republic.
In video: My ex-partner refuses to bring me the children
How to react to an international parental abduction?
Many bilateral agreements or multilateral, intended to fight against illicit travel of children outside the place of their usual residence, and to protect their personal relations with one of their parents, have been ratified by France: European regulation n ° 2201/2003 known as Brussels II bis, Haye Convention of 25 October 1980 or the Luxembourg convention of 20 May 1980, or a bilateral convention signed by the State concerned.
List of states linked to France by an international agreement (Source justice.gouv.fr)
In France, the competent authority with which you will have to submit a case East :
Office for Union Law, Private International Law and Civil Assistance,
13, Place Vendôme 75042 Paris Cedex 01. Tel:: 01 44 77 61 05
If the State in which the child is located did not sign an agreement, the French Central Authority then has no contractual basis to intervene. In this case, it is recommended to contact the Ministry of Foreign Affairs.
>>>>> To read also: The child, the issue of divorce
Mediation, to find a solution in the best interests of the child
“About 80% of parental child abductions are the result of lack of communication between parents », Notes Maître Véronique Chauveau. A breakdown in the dialogue of which the child is still a victim.
In the event of a conflicting separation, attempt a family mediation can help parents find acceptable solutions.
>>>> To read also: Rights and duties of divorced parents
In the international context, the International Family Mediation Unit (CFMI) is empowered to intervene in an attempt to resolve conflicts. Its mediation action should help parents find solutions, in the interest of the child. It does not replace legal proceedings, but acts as a complement. “Beyond the legal procedures, always necessary, the mediation can help to re-establish an exchange and communication between parents residing in two different states, on their responsibilities as father and mother, while privileging the best interests of the child. This assistance from the International Family Mediation Unit can be offered at the request of the parents or in agreement with them, when there is a dispute relating to the exercise of parental authority, the residence or the effective exercise of a right to visit and cross-border accommodation ”, specifies the Ministry of Justice.
More info: Ministry of Justice.