Removing a child abroad without the permission of the other
parent or in the absence of a court order can be a decision with
far-reaching consequences. However, such situations are becoming
increasingly frequent.
A parent may not deprive a child of his/her family environment
and consequently of the presence of the other parent with
impunity.
International co-operation has been organized through the
adoption of bilateral or multilateral conventions to provide an
efficient response to parents whose child has been abducted or
retained.
The ultimate question that arises in every situation is as
follows: what is in the child's best interests?
The removal of a minor child abroad by one parent shall be
considered unlawful whenever it is in breach of the exercise of the
parental authority or custody rights of the other parent under the
laws of the State in which the minor child was habitually
resident.
