Discovering that your child has been taken abroad by the other parent without your consent, or was not returned after a holiday, is one of the most distressing situations a parent can face. Acting quickly is essential — the longer you wait, the harder it can become to secure your child's return.
When is it international child abduction?
Legally, international child abduction occurs when a child is taken to or retained in a country other than their habitual residence, in violation of custody rights actually being exercised by a parent. This includes a parent leaving without consent, not returning the child after an agreed holiday, or secretly taking the child, for example to their country of origin. If both parents share custody, neither may move abroad with the child or take an extended trip without the other's consent or a court order.
The Hague Convention
The Netherlands is party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which arranges for the prompt return of children unlawfully removed to or retained in another treaty country. The convention applies between the Netherlands and dozens of countries — most of the EU, the US, Turkey and many others — but not all. If the destination country isn't a treaty partner, the process runs through diplomatic channels or local law instead, and is considerably harder.
The convention's core principle is prompt return: the child should return quickly so the court in the country of habitual residence — best placed to assess the situation — can make the final custody decision. It does not judge which parent is "better", only whether the removal was unlawful.
What to do immediately
- Contact the Central Authority for International Child Matters, part of the Ministry of Justice and Security, which handles Hague Convention return requests free of charge.
- Gather evidence: the child's habitual residence before removal, your custody status, proof the removal was unlawful, and communications about the trip.
- Engage a lawyer immediately, who can also start urgent court proceedings for a travel ban or return order, flag your child with border control, and liaise with a lawyer abroad.
Defences against return
The abducting parent may argue there's a grave risk to the child, that the child objects and is mature enough for this to weigh, or that the requesting parent acquiesced or waited too long (over a year). Courts apply these defences strictly.
Preventing abduction
If you suspect the other parent plans to take your child abroad, you can request a travel ban from the court, have your child flagged with border police, or have the child's passport blocked.
Arslan & Arslan Advocaten helps you
At Arslan & Arslan Advocaten we have experience with international child abduction cases and the urgent proceedings involved.
Call 070 4500 300 immediately or visit arslan.nl — every day counts in abduction cases.