CHILD ABDUCTION: CRIMINAL OFFENCE

Last article was talking about international child abduction and its legal consequences. We havementioned that child abduction is considered in some countries as a criminal offence. What does thelaw of the Czech Republic says about this issue and how to get out of the criminal complaint whenalready submitted abroad?

Child abduction is a criminal offence once a child is taken away from custody of an authorizedperson. Typically, this offence is targeted on individuals waiting for the children in front of theirschool, luring them to have an ice-cream. If the abductor is a parent, the most probably the Policewill not proceed further.

However, if the parent breaches a valid court order, including an interim order, the situation iscompletely different. So, if the child is entrusted to custody of the mother and you as the father willretain the child, or if the father should see the child for holiday or the child is placed to joinedcustody, and you as the mother do not hand the child back to the father, you have a problem.Namely this action can be treated as a criminal offence of obstructing the enforcement of an order,or as a criminal offence of breaching the rights of others.

And what about the international environment?

Firstly, the domestic law of the country of origin determinates whether the child abduction isconsidered as a crime. For example, if the child is taken away from the UK, you are might be chargedof seven years in prison. From the Spain of four years. From Canada up to ten years.

The criminal prosecution is initiated by a criminal complaint, submitted in the significant amount ofcases by the parent left behind. Especially immediately after the leave or non-return, as the parent istotally desperate and is ready to do as much as possible to get the child back. The trouble is thatonce the criminal complaint is submitted, the case is held by police bodies and criminal court. In mostof cases the applicant cannot withdraw the criminal complaint and have to wait for further steps thatare taken.

If the criminal complaint is submitted, we recommend the parent who has removed the child to getin touch with the police and to find out whether the European arrest warrant has been submittedand whether the case is held by the Interpol. Further, the parent should get in touch with the policebodies abroad and should return the child as soon as possible. This strongly recommended as the thepolice will understand that the parent is returning the child to the country of origin voluntarily andthat he or she wants to solve the matter consensually, and also because the foreign courts the mostprobably will not place the child to the custody of the abductor. The longer the child stays in thecountry, the lower chance for good result arise.

Submitting the criminal complaint in the country of the origin is not a reason for decision in favor ofnon-return. This is the stable caselaw of the Municipal Court in Brno and also the Regional Court inBrno, that are the courts of return in the Czech Republic.

Therefore, if the criminal complaint for parental child abduction is issued, the best way is to returnback immediately to country of origin and solve the further child arrangements there. We wish younot to solve this situation, however if it occurs, we will help you with it. See you on Monday.