International child abduction or wrongful retention is one of the most severe and urgent categories of legal disputes. This occurs when one parent takes a child out of their country of habitual residence without the other parent's consent or fails to return the child after an agreed temporary stay (e.g., holidays). Georgia is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which means the country is obligated to ensure the prompt return of a wrongfully removed or retained child to the state of their habitual residence. This process does not involve determining custody merits (who the child should ultimately live with); its goal is to restore the status quo and return jurisdiction to the court of the country where the child lived previously.
Time is critical in these types of cases. The Convention and Georgian legislation establish strict deadlines. Delayed response can lead to the child adapting to the new environment, making return more difficult. Legal.ge gives you access to lawyers who specialize in international family law and have experience handling Hague Convention cases.
What Does International Abduction Service Cover?
The service includes urgent and complex measures to return a child or defend against a wrongful return request:
- Request for Return of Child: Preparing and filing a lawsuit demanding the child's return to the country of habitual residence based on the Hague Convention.
- Liaison with Central Authority: Coordinating with the Ministry of Justice of Georgia (as the Central Authority) to initiate international procedures.
- Defense Against Return: Protecting the interests of the parent accused of abduction (e.g., if returning would expose the child to physical or psychological danger).
- Prevention of Departure: Obtaining a court injunction preventing the child from being taken abroad if there is a real risk of abduction.
- Enforcement: Participating in the enforcement of the court decision, which often requires the involvement of psychologists and social workers to minimize stress for the child.
Common Real-World Scenarios
International abduction cases often unfold against the backdrop of the breakdown of mixed families:
The first scenario is "Holidays." A Georgian mother and a foreign father live in France. The mother brings the child to Georgia for the summer with the father's consent but does not return them in September. This qualifies as wrongful retention.
The second case is flight. A parent takes the child and flees from Georgia (or vice versa, to Georgia) without the other parent's knowledge, often using false documents or transiting through a third country.
The third scenario is "Grave Risk." A parent claims they took the child because the other parent was abusive. The Hague Convention provides an exception (Article 13b) if it is proven that returning would expose the child to grave danger.
The fourth situation involves the passage of more than 1 year. If more than a year has passed since the abduction and the child has settled in the new environment, the court may refuse to order the return. Therefore, speed is decisive.
Georgian Legal Framework and Regulations
Disputes of this category are regulated primarily by international treaties and special domestic norms:
- 1980 Hague Convention: "On the Civil Aspects of International Child Abduction." This is the main instrument establishing the return mechanism.
- Civil Procedure Code of Georgia: Chapter XLII2 defines special, accelerated rules for hearing cases related to wrongful removal of children (the court must make a decision within 6 weeks).
- Order of the Minister of Justice: Regulates the functions of the Central Authority and procedures for locating the child.
Process and Stages
The process begins with filing an application with the Central Authority (Ministry of Justice) or directly with the court. The lawyer prepares evidence that the child's habitual residence was in another country and that the removal was wrongful. The court process is very fast. The judge does not consider which parent is better; they only consider whether the other parent's custody rights were breached and whether there are circumstances excluding return (danger). After the decision is made, if the party does not comply voluntarily, enforcement police and social services get involved.
Why Legal.ge?
International child abduction cases are legally complex and require deep knowledge of international law and proficiency in foreign languages. On Legal.ge, you will find specialists who have experience in cross-border disputes and can act swiftly in crisis situations. Time is of the essence — find a specialist today.
Updated: ...