First of all, what does the Convention on the Rights of the Child say on this subject:

Article 11 – The state has an obligation to fight against abduction and the failure by a parent or third party to return children from overseas.

In this area, as in many others, children are once again victims of adults and find themselves in the midst of conflicts that don’t concern them. What types of conflicts are we talking about? Those following the separation of a couple.

Adults meet, fall in love and have one or several children, until then the story is beautiful and happy. Unfortunately, couples are separating more and more, particularly in western countries, where a divorce rate of more than 50% is sometimes registered in certain countries.

The question arises: who is going to be the guardian of the child?

When separated parents live close to one another, legally children are allowed to regularly see the other parent, and this is fundamental for their development. Alternate guardianship systems are even sometimes established (Although certain specialists fear that these constant changes in living arrangements are disturbing to children, because children need stability).

But frequently when people meet, one of them will leave his (or her) country to go and stay with his (or her) spouse. When the couple is separated, a number of these expatriates then return to their country of origin.

If parents maintain respectable dialogue that firstly serves the best interests of their children, there will not be too many difficulties, however, the sudden frequent absence of a non-guardian parent shall be painfully felt by their children.

The child will see the parent they don’t live with during school holidays and possibly at other times, as defined in a mutual agreement between the adults.

What happens when parents don’t understand each other?

First of all, there will be a legal battle in order to determine who will have guardianship of the child or children. This battle shall result in one of the parents ‘winning’ and the other ‘losing’. These expressions are not correct, but this is how angry parents will view the situation.

This bitterness and sadness caused by the absence of their child sometimes makes non-guardian parents fail to respect the legal decision and abduct or have their child abducted.

What is the point of this?

Very simplym so that they can live together in future ‘as they did before’... But this violent action (Even if there is no physical violence), this sudden uprooting, with the consequences that we are going to touch on, is always tragic for the child.

Because the kidnapping parent is now illegal in the country where he has kidnapped his child, this will prevent the child from seeing his other parent (he cannot return as it will be too big a risk to face), and his living arrangements, school, friends, and sometimes even his language and culture has to change.

This traumatism will be deep and long-lasting, it is unacceptable!

Are there solutions?

Article 11 of the Convention obliges States to fight against the abduction of children ; the Hague Convention is also a relevant text which helps to properly resolve difficult situations, but the only long-lasting solution that takes into account the higher interests of the child (See the cartoon and the case file) is an agreement made between parents.

Because all legal action, even if it is based on clear laws or efficient conventions, involves time and the child will not remain a child for the rest of his life. One year, one month and even one day of suffering can forever have an effect on an uprooted, sad child.

To see the cartoon on child abduction, click here

To see the quiz on child abduction, click here

For the game, click here

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