Child abduction
In the event of an impending or actual child abduction, every hour counts. We immediately explore preventive measures such as a travel ban or a border closure order; if the child has already been abducted abroad, we initiate return proceedings under the Hague Convention on Child Abduction and maintain direct contact with the Central Authority at the Federal Office of Justice. At the same time, we examine the criminal law aspects under Art. 220 of the Swiss Criminal Code. Through our network of partners in more than 80 countries, we coordinate our efforts even if the child is already outside Switzerland. Our goal: the swift and safe return of your child.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
We refer to child abduction in the legal sense when one parent takes the child abroad or retains the child there without the consent of the other parent with custody or in violation of a court order. The decisive factors here are parental custody and the child’s habitual residence prior to the removal—we clarify these matters first in order to initiate the appropriate proceedings.
If there is concrete suspicion of an imminent abduction, we take preventive action: we apply for a travel ban, obtain an order to deposit the child’s travel documents with the court, and notify the border authorities. These measures can often be implemented within hours and prevent the child from leaving the country before it happens.
If the child has already been taken abroad, we will initiate return proceedings under the 1980 Hague Convention on Child Abduction. To this end, we are in direct contact with the Central Authority at the Federal Office of Justice and coordinate the proceedings with our partner law firms in the destination country to ensure that your child is returned as quickly as possible.
CRIMINAL LAW ASPECT
In parallel with the civil repatriation proceedings, we are investigating the possibility of filing a criminal complaint for the abduction of minors under Article 220 of the German Criminal Code (StGB). A criminal complaint can exert additional pressure and assist authorities abroad in their search efforts.
CHILD-RELATED ISSUES FOLLOWING RETURN
After a return, we reassess parental custody, the child’s future place of residence, and visitation rights—usually as part of a matrimonial protection or modification proceeding. The goal is to reach an arrangement that prevents another abduction and provides stability for your child.
Child abduction is one of the situations in which we act immediately and without delay. We have published articles on this topic, have practical experience with the procedures at the Central Authority, and have a network of partners in more than 80 countries that assists with repatriation on the ground. Geneva, as an international hub, is our natural starting point.
We will immediately request a travel ban and notify the border authorities; in an emergency, you should also call the police at 117.
The request for return must be filed directly in the destination country to which the child was taken. We will immediately take the necessary steps through our network of partner firms and provide you with close support throughout the entire process.
Yes, it can be prosecuted as abduction of a minor under Article 220 of the Criminal Code; we are investigating this in addition to the civil proceedings.
We re-examine issues of parental custody, residence, and visitation rights, usually as part of a marriage protection or modification proceeding.