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Return of the child to the parents

Since the beginning of the full-scale invasion in connection with the departure of children abroad accompanied by one of their parents or other relatives, there has been a problem with communication with children and their return to the territory of Ukraine.

Returning a child from abroad is an important and complex matter that requires consideration of many factors and compliance with relevant rules and procedures.

If the mother has taken the child out of the country without the father’s consent or other parental permission, this can be a complex situation that will require legal action. Usually, the resolution of such cases is based on domestic and international rules and conventions.

Here are some steps you can take in this situation:

  • If you believe that a child has been removed without the parent’s permission and the law has been broken, contact local law enforcement and report the situation.
  • Go to court: In some cases, it may be necessary to go to court to resolve issues related to the offense and determine custody of the child.
  • Use international conventions: If taking a child abroad violates international rules, such as the Hague Convention on Civil Enforcement of the Return of Children, then contact the relevant authorities that have the authority to enforce these conventions. These bodies can help in the return of the child.

In the relations between Ukraine and 85 states of the world*, the Convention on Civil and Legal Aspects of International Child Abduction of October 25, 1980, is in force, which is aimed at ensuring the immediate return of children illegally transferred to any of the Contracting States or kept in any of Contracting States, and ensuring that the rights of custody and access provided for by the law of one Contracting State are effectively enforced in other Contracting States.

  • Get legal help: In such difficult situations, it is always recommended to get legal help. An attorney or legal advisor with experience in child abduction cases can provide you with the support and advice you need.
  • Comply with the law: It is important to follow all requirements and procedures established by law and cooperate with the appropriate authorities to resolve the situation.

Please note that each situation may be unique and the solution may differ depending on your country’s laws and international agreements. It is therefore recommended that you obtain legal advice and act according to your particular circumstances.

A lawyer can be extremely helpful in getting your child back after being removed without the other parent’s permission, and here are some specific ways they can help:

  • Legal Advice: A lawyer will provide you with comprehensive legal advice, explaining your rights and options in the situation after assessing your specific situation.
  • Develop a strategy: Your attorney will help you develop a strategy to restore the rights of the other parent and return the child, including preparing the necessary documentation.
  • Defense in court: A lawyer will represent you in court and protect your interests. He will present your arguments and evidence in court, helping to resolve the case in your favor.
  • Use of international conventions: In the case of international exports, a lawyer will help you use international conventions, such as the Hague Convention, and follow their procedures.
  • Protecting the rights of the child: The lawyer will ensure that the interests and rights of the child are taken into account during the legal process to ensure their safety and well-being.
  • Enforcement of the court order: After receiving a court order to return the child, a lawyer will help you enforce the order, including contacting the authorities and law enforcement agencies.

Working with a child return lawyer is important for several reasons:
A lawyer has knowledge of the laws and procedures involved in family law cases and international conventions and will help you navigate complex legal issues and ensure that you are acting in accordance with the law.

Consult a lawyer if you find yourself in a difficult situation like this because the right legal support can make it much easier for you to solve this problem.

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Have you contacted the relevant bodies or lawyers with your question?

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