If the other parent has wrongfully moved your child to another state, you have the right to request the return of the child to the state of his/her previous residence. Please be aware that the child return procedures after a wrongful removal to another state vary between the states.
What are the procedures in different states?
Child return procedures after a wrongful removal to another state vary between the states. It is important to first understand the type of framework and procedure that is applied in the state to which your child has been removed.
Member States to the Hague Convention
The Convention on The Civil Aspects of International Child Abduction (the Hague Convention) is an international agreement which sets out the basic principles and procedures for returning a child who has been wrongfully removed (abducted). It can only be applied if both states – the previous and current state of residence of the child - are members of this Convention. You can check which states are members of the Hague Convention on the official website of the treaty or by consulting the competent state authorities (in Latvia: the Ministry of Justice). Almost all European states are members of the Hague Convention.
Other states
If a child has been taken to a state which is not a member of the Hague Convention, the possibility of, and procedure for, returning him/her will depend on the legislation of that particular state. In such a case, you can consult the competent authorities of that country, for example, the Ministry of Justice, and seek consular help through embassies. If your child has been wrongfully removed from Latvia, you can also contact the Ministry of Justice of Latvia. The ministry should inform you about the mutual cooperation between Latvia and the state to which your child has been taken, regarding matters of child return.
note It may be difficult to navigate through these procedures in various states, as there may be different rules and it may also be hard to understand which procedure is the most suitable in your case. Therefore, we advise you to seek the assistance of, or consultations from, a lawyer or a competent authority (in Latvia: the Ministry of Justice of Latvia).
Return procedure
If the other parent has wrongfully moved your child to another state, you have the right to request the return of the child to the state of his/her previous residence (the state where the child was living until the removal). Read more about how to request a child’s return.
important The procedures for requesting a child’s return described in this Guide are relevant only if the states involved (the state where the child previously resided and the state to which a child has been removed) are member states of the Hague Convention.