Child abduction
International child abduction usually refers to the act of taking a child under 16 years of age abroad from their country of permanent residence without the custodian’s consent or not returning the child after a parent has exercised their right of access.
The authorities responsible for child abduction matters
- If a child has been taken to a Contracting State of the Hague Child Abduction Convention, the Ministry of Justice will provide assistance in resolving the matter and give instructions on filling an application for the return of the child.
- If a child has been taken to a country that is not a Contracting State of the Hague Convention, the Ministry for Foreign Affairs will assist in resolving the matter.
- If a child's whereabouts are unknown or it is unclear which country the child has been taken to, you should contact the police in your area of residence.
The duties of the Ministry for Foreign Affairs under the Consular Services Act
If a child has been taken to a country that is not a Contracting State of the Hague Convention, the Ministry for Foreign Affairs will provide assistance in resolving the matter. Provisions on the measures taken by the Ministry for Foreign Affairs and Finnish missions abroad in cases of child abduction are laid down in sections 31 and 32 of the Consular Services Act.
The procedures for the return of a child set out in the Hague Child Abduction Convention are not available for non-Contracting States. In such cases, the conditions for the return of the child are provided for by the national legislation of the country where the child has been taken. For this reason, the Ministry for Foreign Affairs has limited powers to assist in the return of the child.
How missions can help
Missions can:
- seek to facilitate the voluntary return of the child and the achievement of an amicable settlement;
- assist in investigating the whereabouts and circumstances of the child;
- assist in obtaining legal aid;
- assist in obtaining general information on the legislation of the State in question;
- assist in contacts between the parties;
- transmit information and documents concerning the return of the child to the authorities and to the person who has requested that the child be returned;
- assist in the arrangements for the return of the child.
How missions cannot help
Missions cannot:
- assist in any illegal attempts to return the child;
- provide legal advice or assistance;
- influence judicial proceedings before a local court or the outcome of the court’s decision;
- act against the laws and regulations of the country in question.
Initiating proceedings in a child abduction case
To initiate proceedings in a child abduction case, contact the Ministry for Foreign Affairs either by yourself or with the assistance of a legal counsel. The Ministry’s Unit for Consular Assistance will provide more detailed instructions on preparing an application.