When a beloved child disappears from hour to hour, you find yourself in a seemingly hopeless situation. Despair, fear and sadness are the main emotions that take over. Even worse are cases where the other parent is behind the abduction. How does the law view the issue of child abduction in the Czech Republic and how widespread is this phenomenon in our country?
With the increasing trend of international marriage and the rising number of divorces, it is also becoming increasingly common for broken relationships between parents to end in child abduction. The topic of abductions and missing children in the Czech Republic includes both domestic abductions, most often linked to parental conflicts, and complex international cases where children are illegally moved across borders. From a legal perspective, it is an interdisciplinary issue involving civil, family, criminal and international law.
According to statistics from the Office for the International Legal Protection of Children (IOPC), approximately 70 cases of international child abduction are dealt with in the Czech Republic each year. These cases involve two main situations:
In addition, the Office consults hundreds of other cases of a preventive nature, where parents are concerned that, for example, if a former partner goes abroad on holiday with their child, they will not return, or they are dealing with disputes about moving to another country. A parent who believes that a child has been abducted by the other parent may file a motion for a preliminary injunction with the court, a criminal complaint with the Police of the Czech Republic or a motion to change the custody of the child.
At the national level, the Police of the Czech Republic register several hundred missing children every year. These cases include:
Statistics show that most missing children are found within a few days, but more complex cases, particularly abductions in the context of parental disputes, can take months or years.
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Your relationship with the child’s other parent has deteriorated and you are currently dealing with how to get custody of the child? Or do you even need to restrict the other parent’s access? Do not hesitate to contact us with any child custody issue from a legal perspective.
Parental abduction is one of the most common manifestations of child custody disputes. When one parent arbitrarily changes the child’s whereabouts without the other parent’s consent, this is a breach of parental responsibility and, in certain cases, a criminal offence.
The Czech Republic is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which sets out the rules for returning children to their country of habitual residence.
The IOMOD acts as a central authority in these cases. It ensures cooperation between Czech and foreign authorities, lawyers and families. The Hague Convention stipulates that a child is to be returned without delay to the country of habitual residence if:
Where one parent arbitrarily changes the child’s whereabouts, this may constitute a breach of parental responsibility. The Criminal Code may classify such conduct as kidnapping or restraint of personal liberty. The courts then decide on the return of the child based on the best interests of the child. In the Czech Republic, child abduction is one manifestation of custody disputes.
International child abduction is defined as an unlawful act where one parent moves a child to another country without obtaining the other parent’s consent or court permission. Such an act may be treated as a criminal offence, particularly if there are court orders relating to the care of the child. The most important legal document in this area is the aforementioned 1980 Hague Convention on the Civil Aspects of International Child Abduction. This lays down rules for the return of children who have been unlawfully removed or detained. The aim of the Convention is to protect children and ensure their prompt return to their habitual residence.
Bear in mind that some countries require written parental confirmation when travelling with a child. For example, you will not go on holiday to Egypt with your grandchild without this consent. This is one of the precautionary measures to help prevent child abduction abroad.
Children are more often abducted from the Czech Republic than from abroad to our country. Children are most often abducted to Slovakia, the UK and Germany.
This case involved a mother who violated a US court order not to travel with her child from Texas and took the child to the Czech Republic. The Czech court granted her custody of the child, which led to an international dispute that ended up before the European Court of Human Rights. The ECtHR ruled that the Czech courts’ procedure was not thorough enough and did not address the best interests of the child in relation to the father’s right to family life.
In 2019, the IOMOD dealt with a case in which a father abducted two children to neighbouring Slovakia after a disagreement with the mother. The Slovak courts, in accordance with the Hague Convention, decided to return the children to the Czech Republic. However, the whole process took more than a year, which significantly affected the children’s relationship with their parents.
In 2021, the Police of the Czech Republic successfully located a child who had been abducted by his mother abroad. After three years, the child was returned to the father’s custody following a court ruling that confirmed the illegality of the relocation.
Tip: Often divorcing parents also deal with changing the child’s surname after the divorce. Learn how you can apply for a return to your original name and how to change your child’s surname
If you suspect an abduction, we recommend that you contact the ÚMPOD, the Police of the Czech Republic or our attorney specializing in family and international law as soon as possible.
A quality attorney can provide valuable assistance in dealing with child abduction cases, whether in prevention, mediation or court proceedings. We encourage you to consult with a family and international law expert in every situation.
Child abduction is a serious problem in the Czech Republic, involving both domestic cases involving parental conflict and international abductions where a child is unlawfully removed or detained abroad. According to the Office of International Child Abduction, up to 70 cases of international child abduction are dealt with annually. The most common target countries are Slovakia, the UK and Germany.
Czech legislation, including the Civil and Criminal Codes, emphasises the best interests of the child. The Hague Convention, which the Czech Republic has ratified, ensures the prompt return of children to their country of habitual residence. The case law of the European Court of Human Rights emphasises a thorough assessment of the psychological and legal aspects of each case.
The prevention of abduction includes legal measures, agreements between parents, the use of technology and the education of children. If an abduction does occur, it is crucial to act quickly, contact the police, the Office of Child Abduction and seek legal assistance where appropriate. A mediator can be used to resolve conflicts and prevent escalation. Quality legal advice is essential in both preventing and resolving these difficult situations.
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