Parental abduction or child abduction

Parental abduction occurs in each of the following situations:

• A parent takes the child without the consent of the other parent when such consent is required
• A parent refuses to surrender the child after a right of access and accommodation
• One parent keeps the child when it should have been entrusted to the other parent
• One parent moves the child's place of residence without respecting the rights of the other parent
• A parent takes or keeps the child abroad without permission.

This situation may concern a child whose residence is fixed with one of the parents, a child in alternating residence or a child subject to access and accommodation rights.

Parental abduction can exist even when both parents exercise parental authority.

Being the father or mother of the child does not allow one to decide on his or her place of residence or to take him or her without respecting the rights of the other parent.

Parental abduction is different from non-representation of children.

The non-representation of a child corresponds to the occasional or repeated refusal to surrender the child to the other parent, whereas a judicial decision requires it. For example, a parent refuses to bring the child back after a weekend visit or to respect an alternating residence set by the judge.

Parental abduction refers to more serious situations. For example, a move without informing the other parent and without providing the new address, a departure abroad without authorization or the removal of the child from school or his grandparents without the right to do so.

Such behavior was punishable even if the child volunteered to follow the parent or even if no judicial decision on custody had yet been issued. The child concerned must, however, be the legal child of the couple. It must have been recognized or adopted by both parents. For example, a biological father who has not recognized the child cannot invoke family abduction.

When parental abduction is found, prompt action is recommended.

The actions to be taken depend mainly on the location of the child and the information available:

In order to allow authorities to act quickly, it is useful to provide any documents that establish the identity of the child and your relationship with him.

Depending on the situation, these may include:

• the family record book,
• the birth certificate of the child,
• a court decision on parental authority, the child's residence or rights of access and accommodation,
• recent photographs,
• any document that can be used to locate the child or parent who took the child.

These documents can facilitate the search and the process of obtaining the return of the child.

The return of the child may result from an agreement between the parents or a decision taken by the competent authorities.

After your report or complaint, various measures can be implemented to find the child and allow his return. Such measures may include locating the child, enforcing a decision on his or her residence or rights of access and accommodation, or arranging for his or her return to the parent with whom he or she is to reside.

When the child is in France, the family judge may be asked to fix or modify his residence and take the necessary measures for his return.

When the child is abroad, mechanisms of cooperation between States can be used to organize the child's return to the country where he or she was habitually resident before his or her removal.

Each situation is examined taking into account the interests of the child and the particular circumstances of the case.

A court decision is not necessary to report parental abduction to the authorities or to file a complaint.

However, when a decision determines the residence of the child or arranges access and accommodation rights, it makes it easier to determine whether the rights of the other parent have been violated.

Parental abduction is a criminal offense.

Where a parent removes a minor child from the person exercising parental authority, from the person to whom the child has been entrusted or from the person with whom the child habitually resides, the parent shall be liable to a penalty of up to 1 year's imprisonment and €15,000 of fine.

Penalties are more severe in the following situations:

• The child is held for more than 5 days without the person entitled to claim it knowing where it is
• The child is detained abroad without authorization
• The perpetrator has already been deprived of the exercise of parental authority.

In these situations, the penalty can reach 3 years' imprisonment and €45,000 of fine.

In addition to criminal sanctions, the family court judge may also take these facts into account when deciding on the exercise of parental authority, the residence of the child or rights of access and accommodation.