Custody & Kidnapping

You asked if your plan to go back to the United States with your children and without the other parent’s knowledge would be considered kidnapping. While I can’t speak to your specific situation, here is general information about leaving a country with a child without both parents’ agreement.

There is a law called the Hague Convention on the Civil Aspects of International Child Abduction that applies to countries that have agreed to follow the law. Under this law, a parent can generally be forced to return a child to where the child normally or usually lives (their country of “habitual residence”) if:

• the child has been wrongfully removed from that country, or
• the other parent’s rights to access or visitation have been violated by the child’s removal from the country.

A parent can also generally be forced to return to the country of habitual residence, so that the civil court in the child’s country of habitual residence can decide who gets custody of the child.

It is also generally possible for the parent who is left behind to report the parent who has taken the child to law enforcement. Many countries and states have some law against parental kidnapping. It is generally possible for a parent who has taken a child from a country to be charged with parental kidnapping under that country’s laws, and be forced by authorities to return to the country through a legal process called “extradition.”

You can find more information about fleeing abuse, what countries have agreed to the Hague Convention, and resources for mothers at The Hague Domestic Violence Project.

I recommend you speak to a lawyer who has expertise in international law. International law cases are extremely complex, and having a lawyer can really help. Unfortunately, I am not familiar with [COUNTRY’S] law or international law, and cannot give legal advice.

You may want to contact Pathways to Safety International. Pathways to Safety assists Americans in domestic violence situations internationally, including non-citizens with American children and non-citizens married to Americans. They may be able to assist with legal advocacy, relocation services, and safety planning. We have some tips to get you started at “Safety Tips,” but an advocate can help you design a personalized plan. You can get help by emailing crisispathwaystosafety.org.

Please note that WomensLaw cannot vouch for these websites. I provide them for your information only.