Act in case of disappearance

Parental Abduction

It should be noted that the expression “parental abduction” exists in everyday language but has no legal validity. This term refers to infringements of parental authority. It covers the non-representation of a child, the abduction of a minor and the illegal transfer or withholding of a minor abroad.

  • Non-representation of a child is defined as “the act of unduly refusing to hand over a minor child to the person who has the right to claim her/him”.
  • Child abduction is defined as “the act, by any ascendant, of removing a minor child from the hands of those who exercise parental authority or to whom he/she has been entrusted or with whom he/she has his/her habitual residence”.

Violations of parental authority are offences punishable under Articles 227-5 to 227-11 of the Criminal Code. Classification as a crime, punishable under Article 224-1 of the Criminal Code, is not included in this context. These offences are punishable with a year’s imprisonment and a fine of €15,000. Penalties may be increased if it is an international abduction, the removal of a minor for more than five days, or if the perpetrator has been deprived of his/her parental authority.

Parental 

authority 

Parental authority is defined as the set of rights and duties whose purpose is in the interest of the child (Article 371-1 of the Civil Code). It confers rights to and imposes duties on parents. Parental authority lies with the mother and father until the child reaches the age of majority or becomes independent, to protect the child’s safety, health and morality, to ensure the child’s education and to allow his or her development, with the respect due to the child as an individual and in accordance with the International Convention on the Rights of the Child. It is exercised without physical or psychological violence. The exercise of parental authority, in the absence of an amicable agreement between parents, is set by the family court judge. The judgment rendered defines in particular:

  • the child’s habitual residence;
  • the granting of a right to visit and of accommodation;
  • the amount payable for the maintenance and education of the child. 
Find out more

Afraid of parental abduction? Here are some advice that will limit the risks or facilitate procedures in the event of the abduction of your child by his/her parent. This advice applies to all parents regardless of their marital status or nationality. 

 

First steps

 

Clearly establish the arrangements for exercising parental authority. 
In the event of separation, it is important to clearly define with the other parent how to exercise your parental authority. If you are unable to reach an agreement, a court decision is required to define the arrangements for exercising parental authority. We advise you consult a lawyer specializing in family law during this procedure. 

  • Maintain as much communication with the other parent as possible and defuse conflicts. Do not unreasonably object to regular contact between the child and the other parent. Without monitoring him/her, keep alert and ask him/her about events in his/her life that may have an impact on his/her relationship with your child (change of domicile, phone number, etc.). 

  • Keep contact information of the other parent’s family members, especially if he/she lives abroad.

  • Keep the child’s passport(s), ID card and family record book safe and make sure that no other passports have been issued without your knowledge (especially if your child holds dual nationality). Ask the consulate about how to obtain a travel document and whether or not you can oppose it. 

  • Inform those around you and the people in charge of the places frequented by the child of your fears and ask them to inform you of any unusual events. 

  • In case of verbal threats, report them to the nearest police station. If these threats are in writing, keep a record of them. This will allow you to provide evidence in the case of a lawsuit.

  • If your child is travelling abroad, ask for a copy of the return ticket and information about where he/she is staying. Keep records of all exchanges mentioning the expected return date.

 

Act urgently in case of risk of abduction abroad 

 

Afraid of parental abduction abroad? Two measures can be implemented. 

 

Prohibition to leave the territory
This allows a parent to oppose the departure of his/her child from the territory without his/her authorization. This is a judicial measure. The IST can be applied for from the Family Affairs Judge (JAF) of the child’s place of residence. It allows registering the child in the File of Missing Persons (FPR) in France as well as on the Schengen Information System in 26 European countries. The IST extends until the date set by the Judge or, failing that, until the child reaches the age of majority.

 

Opposition to leaving the country  
This is an emergency administrative measure to prevent the other parent from going abroad with your child without your consent. It is processed at the prefecture or sub-prefecture, or, if they are closed, at the police station. It allows registering the child in the File of Missing Persons (FPR) in France as well as on the Schengen Information System in 26 European countries.  

 

Note: It is preferable to use the OST only when departure abroad is certain because this measure is only valid for 15 days (10 days if established by the police). If you have not yet received a decision from the Family Court Judge (JAF), use the latter, preferably with the help of a specialized lawyer, so that the habitual residence of the child is established in France. This magistrate may also order a prohibition to leave the country. In order to obtain this measure, you will have to demonstrate that there is a risk of illicit transfer or withholding abroad. The assistance of a lawyer specializing in family law will be useful to you, in particular to refer the matter to the JAF as quickly as possible. 

First steps

 

Here are the first steps to take when parental abduction occurs:

 

  • Contact people who may have information about the child’s whereabouts (grandparents, siblings of the implicated parent, his or her connections, etc.).

  • If this has not yet been done, establish the arrangements for exercising parental authority.

  • If your child holds dual nationality, contact the consulate of the country concerned to verify that a passport of another nationality has not been issued.

  • File a complaint: removal or non-representation of a child is a criminal offence (an offence punishable by law). The purpose of filing a complaint is to initiate an investigation to locate the child. However, in situations of international parental abduction, it is best to seek the advice of a professional beforehand.
    Note: a “main courante”, or reporting, is not the same as filing a complaint, it is a simple statement of facts that does not lead to an investigation.

 

Consulates & Embassies 

 

In case of parental abduction abroad, it may be useful to have the contacts of French consulates or embassies abroad and/or of foreign consulates or embassies in France.

 

Consulates:

Consulates are responsible for the protection and administrative follow-up of the nationals of the country they represent. Their mission is to liaise between the country of origin and the host country.

 

Consulates are entrusted with the following missions 

  • To perform the functions of town/city council and notary for expatriates;

  • To maintain personal records;

  • To issue identity documents and passports to its nationals as well as visas to nationals of the host country;

  • To draw up notarial deeds; 

  • To organize elections;

  • To provide assistance to nationals of the country represented in the event of difficulties with the local authorities;

  • To organize the evacuation of its fellow nationals. 

 

To find out the addresses of foreign embassies and consulates in France and French ones abroad: http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/conseils-par-pays/ 

 

Embassies:

An embassy is a diplomatic mission of one state in another. Its role is essentially to represent the government of its country of origin in the host country. It is therefore entrusted to liaise between the two countries.

 

Embassies are entrusted with the following missions:  

  • Humanitarian missions;

  • Cultural missions;

  • The protection of expatriates and monitoring their administrative procedures. 

 

To find the contact details of French embassies abroad https://lannuaire.service-public.fr/ambassades 

 

How to deal with the wait

 

The time taken for you and your child to be reunited can be long. Prepare to live this wait and use it to prepare for your child’s return.

 

Surround yourself, spend time with your loved ones, accept the situation and do not hesitate to ask for their support and to seek the help of professionals if necessary (doctor, psychologist, etc.).

Think about the reasons that may have led the other parent to abduct your child. Understanding this might lighten your burden. Thus, when you are in contact with the other parent, you will be able to focus more on your child and the search for a solution than on your marital conflict.

 

Write down what you would like to share with your child. If you have no contact with her/him, writing will allow you to maintain a link in thought and show her/him that you are thinking of her/him. Last but not least, take some time for yourself; fatigue can quickly overwhelm you. A relaxed parent will be better able to take the steps to recover his/her child.

 

Having trouble filing a complaint? 

 

Any parent with parental authority may file a complaint if his or her child is withheld by the other parent.  To help you characterize the facts or if the police refuse to admit your complaint, don’t hesitate to contact us.

 

Legal aid

 

It is possible to benefit from total or partial financial assistance provided by the State to cover legal fees and costs. It is calculated based on your resources. For further information.

 

Family mediation 

 

The intervention of a family mediation agency can help restore trust and dialogue between parents.

 

What is family mediation?   

Family mediation is a process of building or rebuilding the family bond based on the autonomy and responsibility of the people concerned in situations of break-up or separation, in which an impartial, independent, qualified third party with no decision-making power, the family mediator, through confidential discussions, promotes the management of conflicts within the family sphere in all its diversity and as it evolves.” 

Definition of the National Family Mediation Advisory Council, 2002 

 

What different types of mediation are there? 

  • Spontaneous mediation. It can be set up, outside of any procedure, on the initiative of one or more family members. 

  • Judicial mediation. It is suggested by the family court judge who designates a mediation service or a mediator in the event of family disputes.  

  • Criminal mediation. This is advised by the public prosecutor, particularly in the case of child non-representation. The obligation for parents is limited to meeting with a family mediator who will inform them about the purpose and progress of the mediation. The law cannot force parents to agree when they do not wish to. 

The principle of family mediation is that it is based on the consent of the parties: if not chosen by them, it must have been accepted by them. Whether spontaneous, judicial or criminal, family mediation is a process in which parents engage freely.

 

Who are family mediators?

They are neutral and impartial professionals trained in mediation to guide couples or families to find a solution to their conflict on their own.

 

The family mediator must comply with a number of obligations:  

  • Impartiality. They do not take sides and cannot get involved in cases with people they know.

  • Confidentiality. No information conveyed to the mediator may be passed on without the authorization of its author.

  • Professional secrecy. The mediator’s findings and the statements collected cannot be produced or evoked during legal proceedings without the agreement of the participants. Under no circumstances may the family mediator provide a report or account on the development of the interviews held with the participants in the mediation.

 

What happens during judicial mediation?

The goal of family mediation is to do everything possible to restore communication, preserve ties and reach an agreement.

 

Mediation takes place in different stages specific to each family. Generally speaking, the first step is to clearly identify the problematic situation, then to update everyone’s expectations, ending with the search for agreements. It is a place of expression, confrontation, reflection and decision making in which the mediator ensures the protection of each of the participants and that dialogue flows.

 

Family mediation can lead to an agreement between parents, although it sometimes fails.

 

What are the outcomes of judicial mediation?

The aim of family mediation is to restore family ties, foster dialogue and search for concrete solutions for the present and the future of the family members.

 

In the context of judicial mediation, there are two possible outcomes:

 

  • The participants are unable to reach an agreement, the judge will take stock and make a decision

  • The participants reach an agreement, which will be subject to validation, i.e., the judge will grant the agreement the same value as a court decision.

 

In the case of voluntary family mediation, the parents may themselves have the agreement validated by the Family Court Judge. This makes it possible to testify to their desire to re-embark on their co-parenting roles.

 

In both cases, the judge will verify that the agreement reached between the participants is in the best interests of the child. It is indeed for this reason that the intervention and participation of a family mediator is essential for the conclusion of such an agreement.

 

Find out more: www.mediation-familiale.org 

Plan the first contact 

 

The first contact with your child should be prepared carefully, especially after a long period of separation.

 

It is important to plan the reunion. Decide on the place and time and be accompanied by a relative or a professional (lawyer, psychologist, social worker, etc.). The first contact can be testing.

 

If your child has not seen you for some time, he/she may have trouble coming to you. He/she may also show signs of rejection towards you. In this case, it is important to keep calm.

 

Take your time

 

Getting your child back has been a long process. It will also take time for her/him to re-adapt and return to a serene parent-child relationship.

 

Separation may have had a traumatic impact on your child and the reunion may be a new upheaval. Thus, despite the intense emotions that motivate you, you will have to be patient and calm.

 

Give your child time to come to you, even if you want to show her/him all your affection. If he/she rejects you, even if it hurts, let her/him know that you are aware of how difficult the situation is.

 

Let her/him speak, give her/him the chance to express her/himself. Don’t ask her/him too many questions  and accept the fact that he/she has changed, grown up since you were last in contact. Give her/him the opportunity to recover his/her way of life. For example, you can offer to redecorate his/her room.

 

Protect your child from the conflict between you and the other parent, do not say anything negative about the latter: it is important for your child to have as positive an impression as possible of both parents.

 

It is a matter of showing your child that you can provide the safety he/she needs. Make yourself available, keep your commitments, do everything that will allow your child to trust you, without giving in to all his/her whims. 

 

Get help

 

The child will not necessarily express his/her discomfort in words, he/she may express it corporally (difficulty sleeping, eating disorders, etc.). He/she may need the assistance of a psychologist or other childcare professional. If the conflict situation continues and your child does not accept his/her return to your side, we advise you consider a follow-up (family therapy, parent/child consultation, etc.).

 

116000 Enfants Disparus is staffed by psychologists who can help you rebuild the parent/child relationship; do not hesitate to call.

Lend a helping hand to make sure that all ends well 

 

In June 2013, following a quarrel, the father left with one of the three children, the boy, for Mali, his country of origin, then returned alone to France.
 
The mother managed to keep in contact by phone with the boy, who was not yet twelve years old. But the father had the child moved to a small village, to the home of a distant family member.  

At the beginning of 2014, the mother contacted 116000. On the advice of the case manager, she filed a complaint but she renounced a procedure in France for fear that the father would move her son again and that contact would be lost definitively. The legal advice given to the mother, confirmed by a French judge, persuaded her to go to Mali and resort to the country’s procedure to get her child back to France.

 

The mother had only a short time window available to take action things had to be done quickly, for her safety and for that of the child, and also because her financial means did not allow her to be away from France for too long. At the beginning of May, she went to Mali, obtained a Malian judgment and succeeded in enforcing it.

 

Once her son was with her, she planned to fly back seven days later, on a Tuesday. She then discovered that the child is now 12 years old so she must have a passport drawn up. The application period was fifteen days. From Mali, the mother contacted the case manager of 116000 Enfants Disparus who immediately contacted the Office for the Protection of Minors of the Ministry of Foreign Affairs. The mother submitted the Malian judgment and her son’s birth certificate; the Ministry for Europe and Foreign Affairs contacted the consulate.

 

On the Monday, after speaking to the ministry, the case officer confirmed with the mother an appointment at the French consulate for the delivery of a laissez-passer (pass). On the Tuesday, the mother returned to France with her son.

 

Much remains to be done to renew all ties and establish the child’s long-term situation: the enforcement of the Malian judgment, a ban on all children leaving the country in order to prevent the father from repeating his actions. Especially after nearly two years of separation to rebuild the relationship between the little boy, his mother, and perhaps later, his father.