After the first two days, there is still a lot to do:
- If your child has been taken to a Hague Convention signatory country, you will need to file a Hague Application asking for the child to be returned to you.
What the Convention can and cannot do
- In some instances, other Conventions may be applicable. Ask your Central Authority for guidance.
- Find out how Hague Convention applications are handled. Professor Lowe of Cardiff University has written a report which summarises the way in which applications are processed in the following different jurisdictions (PDF, Acrobat Reader required):
- You may also need a lawyer in the country to which your child has been abducted. Your Central Authority will usually be able to provide you with a list or request advice from your Embassy in that country.
- Maintain regular contact with your Embassy and the Central Authority. Make sure they monitor your case. Remember that the longer your child is away, the lower the chances of him or her being returned.
- Be aware of the stress you are under. Friends and support groups are there to help.
- Be aware that the abducting parent may oppose the return of your child. There are a number of ‘objections’ he or she can raise in court.
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Try to Negotiate Legal proceedings can be long and expensive. Try to negotiate with the abducting parent for a voluntary return. Compromise may be the best solution – both for you and your child – but be aware of potential legal pitfalls.
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Despite unavoidable set-backs and difficulties, your persistence provides the best chance of having your child returned.