If the other parent has moved your child to another state permanently without having separate parental custody rights or obtaining your permission, such action is considered to be the wrongful removal of a child.
What is the wrongful removal of a child?
If all of the following criteria are fulfilled, the removal of a child to another state will be considered wrongful (unlawful), also known as child abduction:
- the child is younger than 16 years
- the parent who has removed the child did not have the right to decide the question of a child’s residence alone (he/she did not have separate custody rights or the other parent’s permission)
- the parent who claims that the child was moved unlawfully had actually exercised his/her parental custody before the child was removed
example The exercise of parental custody rights means the parent’s involvement in the care and supervision of the child, such as making decisions regarding the child’s everyday life, contribution to the child’s maintenance, etc. Read more about parental custody rights.
Mere short-term travel abroad with a child is not considered a wrongful removal. The removal of a child means that the respective parent intends to move to another state and stay there permanently with the child.
example Removal of a child will be considered wrongful, if a parent who shares custody rights with the other parent has received permission to take the child on a short trip abroad, but never returns him/her home (to the initial state of residence).
Return procedure
If the other parent has wrongfully moved your child to another state, you have the right to request that the child be returned 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.