Child abduction by a parent is a serious violation of parental rights and can have far-reaching consequences not only for the parents, but especially for the child. When does a parent take such a step? How can the other parent defend themselves and what does the law say?
Child abduction by a parent is often the result of escalating family conflicts or concerns for the child’s safety. Parents usually resort to this extreme step in situations where they feel powerless, disagree with a court custody decision or feel that the child’s interests are not sufficiently protected.
One common motive is the desire to avoid a court decision , for example if the parent does not agree that the child has been entrusted to the care of the other parent or is dissatisfied with the extent of contact. Some parents may believe that the custody of the other parent is not safe or appropriate for the child, for example because of suspected abuse, violence or neglect.
Another motive may be emotional pressure or revenge on the other parent, but this usually complicates the situation even further. Child abduction can also be the result of international conflicts, where a parent seeks to keep a child in his or her country of origin.
Deciding how to get custody of your child?
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.
Tip: Having a foreign husband and living abroad with your children is not surprising in today’s globalised world. However, if one of the parents wants to divorce and return to the Czech Republic with the children, he or she should be careful and act with the utmost caution. In certain circumstances, this could even be kidnapping from a legal perspective. We discuss this topic in more detail in our separate article.
According to the Czech Criminal Code (§ 200 – Abduction of a child and a person suffering from a mental disorder), the abduction of a child by the other parent can be prosecuted if the parent takes the child away from the person who has been entrusted with custody according to a legal regulation or an official decision. The penalty for such an act may be imprisonment for up to three years or a fine. In more serious cases, where, for example, the child is harmed, his or her moral development is endangered or even killed, the penalties are increased proportionately.
The line between the legitimate exercise of parental rights and child abduction is determined by the following factors:
Hint: the situation where one parent arbitrarily changed the child’s residence and moved tens of kilometres away was likened by the Constitutional Court to domestic abduction. The situation is discussed in more detail in our next article.
If a child is abducted abroad, the situation can be further complicated by international legal considerations. In such a case, the Hague Convention on the Civil Aspects of International Child Abduction also applies, which allows for the return of the child to the place of habitual residence.
It is important to note that criminal sanctions against the other parent are not automatic. If a parent acts out of concern for the safety of the child or if the abduction occurred in special circumstances, the court may take these into account. According to the Civil Code, parents exercise parental responsibility in concert. If there is a risk of delay in deciding on the child’s affairs, one parent may decide or give consent himself; however, he must immediately inform the other parent of the state of affairs.
Tip: 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?
If a parent finds themselves in a situation where the other parent has abducted a child, it is important to act quickly and effectively. The first step is to contact the Czech Police and file a report of possible child abduction. The police can initiate an immediate search if there is reasonable suspicion that the child is at risk.
Subsequently, an application should be made to the court for an interim order, which may modify the temporary care of the child to ensure a safe environment. For example, an interim measure may order immediate return to the other parent if the other parent has not returned the child in accordance with the original agreement or court order. This order is enforceable immediately, whereas ordinary proceedings could take months. The interim measure may also regulate other details, such as a prohibition on changing the child’s residence or a travel ban. This institution thus allows for a quick remedy of the current situation. However, a lawyer should be consulted as the precise wording of the proposal will make the procedure much easier.
In cases where a child is abducted abroad, the aforementioned Hague Convention on the Civil Aspects of International Child Abduction plays a key role. This Convention allows for the rapid return of the child to the country of habitual residence.
Evidence of the abduction, such as witnesses, records of communications or documents confirming custody decisions, is essential for the successful handling of the situation. Legal action should always be conducted with the best interests of the child in mind.
Case law on parental child abduction provides important guidance on how courts approach these cases. The main consideration remains the best interests of the child, which is key when deciding on the return of the child, possible restrictions on access or criminal consequences for the parents.
On the other hand, any conduct by the other parent that deviates slightly from the normal order cannot be sanctioned or punished. In this respect, one of the important decisions is the ruling of the Constitutional Court, Case No. II ÚS 1191/17, which emphasised that any interference in family relations must be thoroughly justified. The court must assess whether the actions of the parent who has abducted the child are motivated by a genuine concern for the child’s safety or whether they are a manipulation and disruption of the relationship with the other parent.
The role of the Hague Convention is crucial in international abduction cases. The Supreme Court’s decision, Case No. 30 Cdo 1234/2018, confirms that a child should be returned to the country of habitual residence unless there are serious reasons why his or her return would endanger his or her safety or development.
Case law also shows that a parent who abducts a child may face not only criminal prosecution but also restrictions on parental rights. The resulting decision must always be consistent with the child’s right to a stable environment and to maintain a relationship with both parents.
Preventing parental child abduction starts with effective communication and cooperation between the parents. Although it can be challenging to maintain peaceful relationships after a divorce or separation, it is important to focus on the child’s needs and provide a stable environment. Prevention also includes educating the child. The child should know who to turn to if they feel threatened.
One important preventive measure is a custody and access agreement that is clearly defined and approved by the court. Such an agreement helps to prevent disputes because it sets out clear rules and obligations for both parents. If an agreement is not possible, mediation or professional counselling should be used.
It is also important to monitor the other parent’s behaviour. If there is a suspicion that he or she might take steps to abduct the child, it is possible to ask the court to issue an interim measure, for example prohibiting the child from travelling abroad without the consent of both parents.
Child abduction by a parent is a serious legal and psychological problem which may arise from escalating family conflicts or concerns for the child’s safety. Czech legislation and international law provide tools to protect children and address these situations, whether in the form of court decisions, interim measures or by applying the Hague Convention. The best interests of the child remain a key consideration when assessing abduction cases, whether it is the protection of the child’s mental health, legal status or a stable relationship with both parents. The prevention of abduction relies on effective communication between the parents, a clear custody agreement and the possible use of mediation or professional support.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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