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Emergency

Child abduction by one parent: what to do?

When one parent unlawfully withholds the shared child from the other or takes it abroad, quick and considered action is needed. There are family-law and, in part, criminal-law means, as well as international procedures in cross-border cases.

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Abducting a child can be a criminal offense (§ 235 StGB) and can trigger urgent family-law measures. Under joint custody, one parent may not permanently determine the child's place of residence on their own.
In cases of removal abroad, the Hague Convention on the Civil Aspects of International Child Abduction (HKÜ) applies in many states and is meant to enable the child's swift return. The family court and central authorities help.

What you should do now

  1. 1

    1. Act quickly

    In case of acute abduction, contact the police and the family court.

  2. 2

    2. Clarify the whereabouts

    Document where the child is and since when it has been withheld.

  3. 3

    3. File an urgent application

    Apply to the family court for an urgent order on residence and surrender.

  4. 4

    4. Report cross-border cases

    In cases of removal abroad, use the HKÜ through the central authority.

How to spot the scam

  • Valuable time passes without an urgent application being filed.
  • The child's whereabouts are not documented.
  • In cross-border cases, the HKÜ procedure is not used.

Frequently asked questions

Is child abduction a criminal offense?

It can be. Abducting minors is a criminal offense under certain conditions (§ 235 StGB), particularly in cases of violence, threat, cunning, or removal abroad. Alongside this, there are urgent family-law measures on surrender and residence.

What can I do under joint custody?

Under joint custody, one parent may not determine the permanent place of residence alone. You can apply to the family court for an urgent decision on residence and surrender. In an acute situation, the police can additionally help.

What applies in case of abduction abroad?

In many countries, the Hague Convention on the Civil Aspects of International Child Abduction (HKÜ) applies and is meant to enable the child's swift return to the country of origin. The procedure runs through central authorities and courts; quick action is important.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.