Child abduction

Growing cross-border mobility has meant an increase in the number of custody disputes with an international dimension. In certain cases, it can even go as far as the child being removed or retained in a country because the parents cannot come to an agreement.

If a child is removed across national borders, the MFA can sometimes help. Questions on custody and access rights should be determined by a court in the country where the child has his or her accustomed environment under the Hague Convention. If a child is removed across national borders, the MFA can sometimes help. Questions on custody and access rights should be determined by a court in the country where the child has his or her accustomed environment under the Hague Convention.

Custody disputes are difficult for everyone involved, particularly the children. Children who are affected by situations of this kind often find themselves in a serious conflict of loyalty. In cases of international divorce and separation, the child is also torn between two countries.

The UN Convention on the Rights of the Child from 1989 states that the best interests of the child should of central concern when it comes to children. The Convention is one of the most important documents for safeguarding the rights of children. According to Article 11 of the Convention, Member States are to act against children being wrongfully removed or retained in a country other than their home country.

Convention on international child abduction

International agreements have been put into place to help prevent and solve situations in which children are wrongfully removed across national borders. The most important of these is the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which applies between Sweden and 81 other countries. Sweden acceded to the Convention in 1989 and it has also been adopted into Swedish law.

If a child has been removed to one of the countries that has ratified the Hague Convention, the MFA can help try to secure the return of the child. The same applies if a child has been wrongfully removed to Sweden from another country. It is usually much more difficult to secure the return of a child who has been removed to a country that is not a party to the Hague Convention.

Photo: Hanna Teleman, Pressens Bild
Ministry for Foreign Affairs (email to the Ministry)
Published 14 January 2009
Last updated 16 January 2009