International Child Abduction: The Ultimate Guide

In December 2024, there were 108 ongoing custody order parental child abduction cases and 91 no custody order parental child abduction cases. Losing access to your kid because of your ex-spouse is physically and mentally stressful.

If you or a loved one is experiencing such a challenge, having as much information as you can on internal child abduction will benefit you. Let’s look at this criminal offence in depth.

Table of Contents

What Is International Child Abduction?

International child abduction in Canada is a criminal offence that involves one parent breaching the rights of a custody order. Imagine you have the full-time custody of your kid, while your ex has visitation rights.

During one visitation, your ex may manipulate your child and try to take them abroad. Such a breach of custody order rights is called international child abduction.

Your spouse may kidnap the kid from Canada and take them to another country. Another example of international child abduction is when your ex kidnaps your child while you’re with the kid in another country on a trip.

What To Do About International Child Abduction?

Prompt action is utmost during parental child abduction cases. Any delay on your part can cause the situation to escalate significantly. Some steps to take on international child abduction include:

1. Contact The Local Police

When you suspect your spouse of international parental kidnapping, contact the local police immediately. The same action should also be taken when you have confirmation that your child is in another country.

2. Connect With International Child Abduction Family Lawyers

While the local police try to track your kid’s footsteps, meet a team of experienced international child abduction lawyers. The attorneys will help you connect with the passport office to place a travel restriction on your kid’s passport.

They will also check the custody order or parental agreement you have with your ex-spouse. In cases where a no custody order parental child abduction has taken place, a family lawyer can help you file for an emergency custody order.

3. Speak To Consular Services Or Your Nearest Canadian Government Office

Involving Consular Services at Global Affairs Canada is essential for international parental child abduction cases. The organization will assign a case management officer (CMO) to your case.

A CMO is an official who is well-versed in international child abduction cases and helps left-behind parents reunite with their kid. The officer will gather details from you, such as:

The name, birth date, and citizenship status of your abducted kid
The last time you had contact with your child
A detailed description of the situation and steps you have taken before contacting Consular Services
The travel documents your ex-spouse may be using for travel, such as a passport or visa

You’ll also have to provide copies of your legal custody order to the CMO to prove the child belongs in Canada. If you were already abroad during the time of abduction, you should contact your nearest Canadian government office.

How To Bring Your Child Back To Canada?

You can bring your child back to Canada after international parental kidnapping by:

Negotiating a voluntary return with your ex-spouse
Filing an application under the Hague Convention on International Child Abduction
Applying for a custody order in a foreign country and fighting a court battle

Trying multiple ways to get back your child simultaneously is a better approach. You can also seek support from your international child abduction lawyer for the best method.

What Is The Hague Convention On International Child Abduction?

Hague Convention on International Child Abduction is a treaty signed by 91 countries. Canada is one of the members of this declaration. The Hague Convention has a system that protects parents and children from international abductions.

Left-behind parents in international child abduction cases can file an application under the Hague Convention. If the application is approved, the foreign authorities will return your child to Canada.

However, the Hague Convention on International Child Abduction is only beneficial if both countries are part of the treaty. If your ex-spouse took your child to a country that is not a member of the Hague Convention, you cannot use this approach.

How To Bring Your Child Back With The Hague Convention On International Child Abduction?

The Hague Convention on International Child Abduction uses designated central authorities for case management. You can apply for the return of your child under this treaty if you meet the grounds.

A Central Authority in your country will determine if your case meets the criteria for Hague Convention application. Central Authorities are government agencies, specific to each province in Canada. These provincial agencies deal with international child abduction cases and anything that falls under Hague Convention.

If you meet the criteria, you will be given information on the application steps. You can fill out the application form with the help of your family lawyer in Scarborough and Whitby. The foreign court will review your application and determine if your child should be returned to Canada.

Hague Convention On International Child Abduction Application Approved: What To Expect

Your Hague Convention on international child abduction application is approved if:

The court confirms your child was wrongfully removed from your residence
Exceptions under the Hague Convention don’t apply to your ex-spouse’s situation

Once the application is approved, the Central Authority will handle the administrative process for your child’s return. If the other parent doesn’t comply with the foreign order, you can seek forceful enforcement by requesting police authorities abroad.

When Is The Hague Convention On International Child Abduction Application Refused?

Even when both countries are members of the Hague Convention, your application can still be refused. The reasons for rejection may include:

The application is filed more than a year after the abduction, allowing the child to settle in their new environment
You did not exercise your custodial rights immediately after parental child abduction
Your ex-spouse took written consent from you before taking the child abroad
A risk of harm (physical or psychological) to the child if they’re returned to Canada
The child has an objection to returning and is mature enough to make a decision

If it has been more than a year since your kid’s abduction, consult an international child abduction lawyer. They will help you determine whether a Hague Convention application would be beneficial to you.

What To Do If The Hague Convention On International Child Abduction Is Rejected?

Learning your application under the Hague Convention on international child abduction has been rejected may upset you. However, it’s not the end. You can still use other approaches to secure the return of your child.

A parental child abduction lawyer can help you appeal to the high court in the same country. If your attorney can prove your custodial rights and build a strong case, the court may pass an order for the child’s return.

Other legal actions can also be pursued in the foreign country, such as:

Getting custody of your child abroad if you wish to live with them there instead of coming back to Canada
Seeking an order for decision-making responsibilities for your child in a foreign country

These options can help you have a say in your child’s upbringing in a foreign country. A discussion with an experienced parental child abduction lawyer can help you understand your rights.

FAQs

Can A Child Travel With Just One Parent?

A child can travel with one parent as long as the travelling parent has a consent letter from their spouse.

What Is The Penalty For International Child Abduction In Canada?

International child abduction is a criminal offence punishable by a maximum imprisonment of 10 years in Canada. Foreign laws may also apply if your ex-spouse has successfully taken the child abroad.

Can I Stop My Ex From Taking My Child Abroad In Canada?

You can prevent your ex from taking your custodial child abroad by placing your kid on the passport office’s lookout list. It’s also possible to get a court order for travel restrictions if a custody order has not been enforced yet.

How To Prevent International Child Abduction?

To prevent international child abduction in Canada, secure a custody order, keep updated photos of your child and spouse, teach your child emergency contact skills, and maintain copies of all important identification documents.

Barnett Law Helps You Reunite With Your Child After International Child Abduction

International child abduction by your ex-spouse can be highly stressful if you don’t have a custody order. You may also face trouble getting your child back if you have a custody order, but don’t know your rights in the foreign country.

Consulting a parental child abduction lawyer in Scarborough and Whitby can help you with such a situation. Barnett Law’s experienced team can help you seek an emergency custody order, file for Hague Convention applications, and more.

Contact us today to start the journey of bringing your child back to Canada after international parental child abduction!

Author Profile

Barnett Law

Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.

International Child Abduction: How To Bring Your Child Back To Canada