It’s more common than you might think for one parent to take the children and leave without the other parent’s consent. If you are worried that your ex-spouse might kidnap your child learn what to do and how to take steps to prevent kidnapping.
Child abduction is the unauthorized removal or retention of a minor from a parent or anyone with legal responsibility for the child under 16. Child abduction can be committed by parents or other family members. The Hague Convention provides for immediate return of children who are taken from their country of “habitual residence” in violation of “custody rights.”
Kidnapping isn’t always a sudden thing, where you find that the other parent took the kids away. It can also happen when a parent has permission to travel with the children but fails to bring them back.
It’s important to be vigilant if you believe there’s any risk of abduction, and you may have particular reason to worry if your children’s other parent has family in another country and wants to take the children to visit.
If you suspect that your children’s other parent is likely to remove them to another location, take steps to try to prevent abduction and to prepare yourself for the possibility:
- Respect the other parent’s custody right and visiting schedule. Anger and frustration often lead to child abduction
- Keep a record of identifying information about the other parent, including physical description and a current photograph, passport number (a copy of the passport is even better), bank information, driver’s license number, and vehicle model and license number
- Make sure you have current contact information for the other parent’s relatives, friends, and business associates both where you reside and abroad
- Make sure custody documents are in order. Keep a certified copy
- Record and document child abduction threats. If possible, discuss them immediately with your lawyer
- Take color pictures or videos of your children every six months.
- Make sure your children know their names, address, phone number and who to call in case of emergency
- Teach your children how to use the phone and make sure they know your phone numbers. Tell them to call you immediately if anything unusual happens and give them a second person to call if they’re unable to reach you
- Ensure that those caring for your children are well aware of the custody arrangements. Make sure they fully understand the schedule of who is allowed to pick up the children and what they should do if they find themselves in a situation that has not been approved by you
- You could hire someone (there are private investigators with this specialty) to follow along on visits
Depending on your situation (e.g., threats of abduction, history of abduction, domestic violence, abuse), consider speaking with your lawyer about available options.
If your spouse takes your children outside of the area that your custody agreement covers without your permission, contact local police right away and your attorney to get legal advice.
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Attorney-at-Law Ana Maria Alexandru | Bucharest Bar
