Case study
Mandy’s father comes from Spain, her mother is Dutch. They live in Utrecht.
When Mandy was 8 years old, her parents split up. It was a sad time. Even more so, as her father wanted to return to Spain. He wanted to take his daughter with him, to Spain. Mandy’s mother didn’t want him to as she wanted to be able to see her daughter every day. Her parents fought about it.
And Mandy? Mandy doesn’t want to choose between her parents, she loves them both equally.
This difficult situation for children, when either their mother or father takes them to another country, occurs throughout the world. This may be done without the permission of the other parent but can also occur if the parent does not realise that they are not allowed to do this.
It is important that children are protected against abduction. For this reason, many countries have introduced regulations to offer protection against child abduction. These regulations are laid out in The Hague Convention on Child Abduction. An explanation of this convention can be found below.
The information below will also help if you need to discuss international child abduction or if you need help with something relating to the subject.
The Hague Convention on Child Abduction was established to protect you from abduction. Child abduction takes place when your mother or father takes you with them to another country. This other country is not the country you lived in, where you went to school or where you had your friends. You are 15 years or younger.
The convention’s priority is the protection of children and it, therefore, prioritises the ‘interests of the child’. The convention considers it important that a child is returned to the country in which they live as soon as possible after the abduction has taken place. There are rules in the convention which ensure this.
Your father or mother can take you to another country even though they are not allowed to do so. If your parents cannot agree on where you will live, a judge will make the decision. The judge places great importance on your opinion. You can tell the judge what you think and what you want. The judge does not always have to do what you want. But in the Netherlands a judge has to listen to what you have to say if you are 12 years or older.
We use the term kidnapping if you are taken to another country by someone other than your parents. In the Netherlands, this is dealt with in the Criminal Code, not The Hague Convention on Child Abduction. There are different rules relating to this situation. For more information you can contact your local police.
You can talk to someone about what has happened to you, what scares you or any other questions you may have. There are special children’s organisations where you can talk about your problems. There are people who will listen to what you say and won’t tell anybody else.
If you're located in the Netherlands, you can use this number, it's free:
The child’s telephone: 0800-0432