If your ex took your child without your consent, it raises many questions and emotions. Is this legally child abduction? And what can you do to rectify the situation? This article offers insight into your rights and the possible steps you can take.
What is child abduction?
Child abduction means that a child is taken or held by a parent or third party without the consent of the parent(s) with parental authority. This can happen both within the Netherlands and abroad. The legal situation depends on who has parental authority.
Situation 1: Shared parental authority
If both parents have parental responsibility, neither may take the child to an unknown location or keep them away for extended periods without the other's permission. This can be considered a withdrawal of parental responsibility and may be punishable by law.
Situation 2: One parent has parental authority
If only one parent has parental responsibility and the other parent takes the child without permission, this is almost always child abduction. The parent with parental responsibility has the right to take legal action.
What can you do if your ex took your child?
Below are the steps you can take to get your child back:
1. Try to start a conversation
First, contact your ex. Try to calmly find out why the child was taken and whether it's possible to resolve the issue without legal action.
2. Report it to the police
If consultation isn't possible or your ex refuses to cooperate, you can file a police report. Be sure to bring documents such as a parenting plan or a custody ruling. The police can advise you on the next steps.
3. Hire a family law attorney
A lawyer can help you obtain the child's return through the court. This can be done, for example, through summary proceedings or a request for interim measures. The judge may decide that the child must be returned immediately.
4. International child abduction
Has your child been taken abroad? Then contact the International Child Abduction Center (IKO). They offer support and help you initiate proceedings based on international treaties, such as the Hague Convention on Child Abduction.
What rights do you have as a parent?
Your rights depend on parental authority:
- Shared custody: Both parents must make decisions together about important matters, including the child's residence.
- Sole custody: The parent with sole custody decides where the child lives. The other parent may not take the child without permission.
If these rights are violated, you can take legal action.
Conclusion
If your ex has taken your child without permission, this could in some cases constitute child abduction. It's important to act quickly. Contact the police and a specialized family law attorney to protect your rights. In cases of international child abduction, the IKO can support you.
