Habitual residence
The key concept under the Hague Convention. What counts is not the registered address but the child's actual centre of life: length of stay, kindergarten or school, friends, language integration, family ties and daily routine.
Hague Convention · International Child Abduction
When your child has been wrongfully taken abroad
A cross-border child abduction is one of the most distressing situations a parent can face - and in most cases it is not a stranger who takes the child, but the other parent. Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, one thing matters above all: time. I help you act quickly and in a coordinated way.
The essentials at a glance
- The Hague Convention does not decide custody - it provides for the prompt return of the child to the state of habitual residence.
- What matters is the child's actual habitual residence, not the registered address.
- The earlier legal steps are taken, the better the chances of restoring the previous situation usually are.
- Taking the child back on your own initiative can have serious legal consequences - get advice first.
What counts as an international child abduction?
The term is often misunderstood as abduction by a stranger. In practice, the Hague Convention mostly deals with cases where a parent is involved. An international child abduction under the Convention typically means a child is permanently taken to another contracting state without the required consent of the other parent holding custody rights, or a parent fails to return the child after an agreed period abroad as arranged. Not every stay abroad automatically amounts to an abduction - what matters are the custody arrangements, the child's habitual residence, and the specific circumstances of the case.
When is a removal wrongful?
When custody rights existed and were actually being exercised, the other custody holder had not consented, and the child had its habitual residence in another contracting state. Even under joint custody, a permanent relocation may require the other parent's consent.
How does a Hague Convention case proceed?
Once a return application is received, the authorities examine whether the Convention applies, whether the removal was wrongful, whether any exceptions apply, and whether the requirements for return are met. The later question of custody is not the focus of these proceedings.
What exceptions exist?
A return can be refused where it would expose the child to a serious risk, where the child - depending on age and maturity - objects to being returned, where the left-behind parent had consented, or where a significant period has passed and the child has settled into the new environment.
How a Hague Convention case unfolds
1
First contact
Describe your situation - by phone, WhatsApp or the form.
2
Review
Whether the Convention applies, the child's habitual residence, possible exceptions.
3
Filing the application
The return application is filed through the competent central authority.
4
Proceedings
Representation before the competent family court, coordination with authorities.
5
Decision
The court decides on the return of the child.
Common mistakes parents should avoid
In practice, many problems arise not from bad intent but from not knowing the legal situation. These include in particular:
- Relocating permanently abroad on your own without the other parent's consent
- Missing written consent for a stay abroad
- Signing agreements too quickly
- Filing an application too late
- Poor documentation of what happened
- Breaking off contact with the other parent
- Taking the child back on your own initiative - this can carry serious criminal and family-law consequences
How I can help
International family cases place high legal and personal demands on parents. Beyond the legal assessment, decisions often need to be made at short notice, and international steps coordinated, since Hague Convention proceedings are cross-border by nature and involve courts, central authorities and sometimes foreign lawyers working together. I support you with the legal review of your case, an assessment of your prospects, pre-litigation correspondence, representation in Hague Convention proceedings, communication with the authorities, and developing a sound legal strategy. Every case is different, so advice is always based on your individual situation.
Frequently asked questions
Not without more. Where joint custody exists, a permanent relocation may require the other parent's consent or a family court decision.
As early as possible. In Hague Convention cases especially, the passage of time and the child's integration into the new environment can play a significant role.
No. The proceedings are primarily about the return of the child. Custody is normally decided by the competent family court of the state of habitual residence.
Yes, the Convention provides for certain exceptions. Whether they apply always depends on the specific circumstances of the case.
Katja Pankow
Attorney at Law & certified Mediator based in Berlin-Dahlem, member of the Berlin Bar Association (Rechtsanwaltskammer Berlin). Focus on international family law, in particular Hague Convention return proceedings.
Get in touch
Tell me about your case
A short message is enough - no need to prepare anything in advance. Describe in your own words what happened, we'll clarify the details together.
Handled in confidence. You will hear back within 24 hours on business days.
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