How to return a child from abroad if one of the parents took him out without the consent of the other?

In connection with the introduction of martial law on the territory of Ukraine on February 24, 2022, crossing the border with a child under the age of 16 without the consent of one of the parents became possible to ensure the safety of the child outside of Ukraine.

Today, the situation is such that the mother or father who left with the child at the beginning of the full-scale invasion completely or partially prevents the child from communicating with the other parent or has no intention of returning to Ukraine at all.

Therefore, the question arises, how do act in such a situation, and how to return your rights to communicate with the child or return him to the territory of Ukraine?

The return of a child from abroad in a situation where one of the parents took him out without the consent of the other can be difficult and require the use of qualified legal assistance.

The most effective way to resolve such a situation is cooperation with international legal authorities and compliance with the legislation of Ukraine and the country in which he is located, baby.

Today we will discuss the primary algorithm of actions in such situations.

First, you need to collect all the information about the removal of the child, name, contact phone number, and email address of the person who informed you about the illegal removal of the child abroad with the father or mother.

It is extremely important to find out the circumstances of the border crossing, i.e. on what grounds and when a crossing was made, a lawyer can help you with this and will make appropriate requests to the State Border Service of Ukraine.

The next step will be to contact the Ministry of Justice of Ukraine and submit the appropriate application.

The reasons for submitting such an application are:

• Return of a minor child to the territory of Ukraine.
• Ensuring the rights to communication and participation in the life of a minor child who is in the territory of another country.

It is possible to apply with two applications at the same time, and the Ministry of Justice must provide an official answer and facilitate the return of the child by sending the necessary information to the institutions of the country where he is located.

It is important to note that there are a number of reasons on the basis of which your application may be refused or not accepted:

• If there is no convention between Ukraine and the country to which the child was taken;
• Improperly completed application and unjustified removal of the child;
• The child has reached the age of 16.

If all the documents are collected and the application is properly prepared in accordance with the requirements of the convention, your application will be accepted.

After the application is accepted, a court process can be started, based on the results of which a court decision is issued, which is immediately subject to execution and return of the child to the territory of Ukraine.

If the court makes a positive decision, it will be sent to the country in which the child is located. Foreign courts and public authorities will facilitate the return of the minor to his permanent place of residence or the exercise of the right of access for the applicant.

It is important to remember that situations involving the return of children from abroad can be very difficult and emotionally stressful.

It is better to turn to professional lawyers and advocates who specialize in legal issues in the field of family and international family law and will help you go through this entire complex process.

If you are faced with such a problem, contact the lawyers and attorneys of the legal company Prykhodko and Partners for advice and legal assistance! We are always ready to help and contribute to the fastest possible result!