Child Abduction

Assistance to parents, others with custody and children in cases of removal of children from their habitual residence

The removal of a child from its country of habitual residence or from the care of those with custodial duties or parental responsibility towards it can involve a number of parties, and may often require urgent action to secure the child's return from the location of its original residence (where required by the best interests of the child). The typical case may be that of two parents who begin a de facto dispute about custody / care over a mutual child, but at times, other persons (such as authorities with custody of the child, or the child itself) may become involved. New Balkans Law Office is committed to assisting those who need the help of its international family law team and its expertise, whoever they are, in the interests of justice and of the best interests of the child. 

Acting for the 'left behind' parent

  • advising on the applicability of the Hague Convention and/or the Brussels II Revised regulation to the situation 
  • assistance with the preparation of an application to the Central Authority for Bulgaria under the Convention, including with completing the required form (where direct application is chosen)
  • assisting with the collection of relevant documentation and information
  • liaison with the Ministry of Justice (the Central Authority for Bulgaria under the Convention)
  • liaison with the parent removing the child, to attempt to achieve an amicable settlement
  • monitoring progress from the submission of the application till the return of the child
  • seising other official bodies whose assistance might help (including on the issuance of a return order) to secure the timely return
  • appeal applications in cases where a "no-return" order is issued
  • applications to court under the Brussels II Revised regulation
  • assistance in cases where neither the Hague Covention, nor the Brussels II Revised regulation applies.

Acting for the party removing the child:

  • preparing a defence strategy and establishing the relevant facts
  • drafting a statement in response to the alleged abduction
  • liaison with the Ministry of Justice on the parent’s behalf
  • liaison with the Department of Social Support in Bulgaria
  • monitor the process
  • seising official bodies whose assistance might be required or assist
  • representation before the courts, preparation of appeals (where required).

For further information, please contact us on our Sofia or London office numbers. Please also see this Background Note we have prepared on the Hague Convention and its applicability.

How may we help you?

We’re here to help you resolve your Bulgarian legal matters in a timely and cost effective manner. For more details about our Bulgarian Legal services, please contact:

Ivan Petrov

© New Balkans Law Office 2020