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Home > Child Abduction > Procedure for child abduction to the Czech Republic

How to proceed – child abduction to the Czech Republic

In the case that the child is abducted to the Czech Republic abroad, the Office proceeds pursuant to the EU regulation and Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980 as a requested Central Authority which accepts the petition on the child’s return to the country of his/her habitual residence.

The parent, from whom the child was abducted, may:

  1. Seek the child’s return through the Central Authority of his/her country of residence;
  2. Contact the Central Authority of the state into which the child should be removed, therefore the Office;
  3. Turn directly to the Municipal Court in Brno (however, the petition must meet the terms and conditions of the Czech rule of law).

The Office informs the relevant competent court at the place of child’s residence in the Czech Republic about the receipt of the petition under the Convention. After receiving such notice of illegal removal or retention of the child, the court cannot rule on the child’s custody (i.e. who will be given the custody of the child).

The Office perceives amicable resolution of cases as its priority. The Office deems this the most considerate towards the child and the rights of parents and others. Therefore, the Office attempts to contact the parents in the Czech Republic the fastest possible and to ascertain information from this party. Subsequently, after assessing the circumstances, it can invite the parent to subject to the jurisdiction of the court of the country of child’s habitual residence. Or the Office tries to enable, arrange or facilitate the conclusion of the agreement on further residence and childcare between the parents.

The Office closely co-operates with other state authorities so as to secure the Convention’s objectives, for example with the Czech representation abroad, the Police of the Czech Republic while searching for true child’s residence, staff of bodies of social and legal protection of children and others.

With respect to the abduction, you can contact the Police of the Czech Republic. However, if the child is abducted by his/her own parent this act does not constitute a criminal offence of abduction. Therefore, the Police of the Czech Republic can primarily assist you with the search for the current child’s residence.

 

Contact

Office for International Legal Protection of Children

Silingrovo namesti 3/4
602 00 Brno, Czech Republic

tel.: 00420 542 215 522

> The contact details

 

Office hours

Office hours for consultations

Wed9:00 - 17:00

Other hours for individual consultations can be arranged with prior telephone agreement with competent lawyer.

Office hours

Mon8:00 - 17:00
Tue8:00 - 16:00
Wed8:00 - 17:00
Thur8:00 - 16:00
Fri8:00 - 12:00
 

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