Case study
Let us return to the Spanish couple Jack and Marilyn, who live in The Netherlands. Assume that the divorce proceedings are still pending. M takes their child, Blossom, to Spain where they visit relatives. J had agreed to the visit and M had told him that they would be back in The Netherlands after two weeks. However, they do not return as planned. When J phones M, she says that she is sick of The Netherlands and that she will stay in Spain with Blossom. She has started looking for an apartment and a school for Blossom. She says that Blossom is happy in Spain.
What can J do?
Step 1:
J can contact the Central Authority in The Netherlands. Each EU Member State has a Central Authority which deals with international child abduction. The contact details of the Central Authorities of the EU Member States are available on the Judicial Atlas and on the website of the Hague Conference for Private International Law.
J must submit certain documents.
- Information about the identity of the left-behind parent, of the child, and of the abducting parent.
- The date of birth of the child, where available.
- The grounds of the application for return.
- All available information about the whereabouts of the child and the person with whom the child is presumed to be (this might be M’s relatives in Spain).
- An authenticated copy of the judicial or administrative decision or the agreement on custody rights.
- A certificate or affidavit from the Central Authority or another competent authority of the State of the child’s habitual residence about that State’s national law.
- Any other relevant documents.
- Practical assistance to the left-behind parent (parent whose child was abducted by the other parent, J in this case). The Central Authorities will tell J which documents he needs etc.
- Assistance in finding the child if his or her whereabouts are unknown.
- Avoiding further harm to the child by taking provisional measures if necessary.
- Exchanging information about the social background of the child where necessary.
- Forwarding the request to the Central Authority of another Contracting State if it appears that the child is in that State.
- Assistance in finding an amicable solution in the dispute. The Central Authorities of some countries mediate, or refer the parents to mediation.
- Provision of information about the relevant provisions of national law.
- Assistance in instituting court proceedings where the abducting parent refuses to voluntarily bring back the child. In some countries the Central Authority takes a lawyer for this purpose. In other countries the Central Authority or some other State authority may act in the proceedings.
- Assistance in finding legal aid where necessary.
- Assistance in the enforcement of a court order for the return of the child.
- Informing the court in the country of the previous habitual residence of the child if a non-return order has been issued.
- Facilitate communication between the courts of the EU Member States.
- Keeping each other informed about the application of the Hague Child Abduction Convention and participating in the European Judicial Network.