Relocating a Child Abroad and International Child Abduction

Who decides on relocation

A parent who does not exercise parental responsibility still decides jointly and by agreement with the other parent on matters that significantly affect the child's life. The law expressly lists among them a change of the child's residence and education. When the parents exercise parental responsibility jointly, an agreement on the child's residence is a mandatory part of their agreement. If they disagree, the court decides.

Court proceedings

The parent who wants to relocate, or the one who opposes it, can start proceedings to change the decision on parental responsibility and contact arrangements, and can ask for an interim measure. The court decides in the best interests of the child: the relationship with both parents, conditions in the new environment, school and the child's opinion, which the child can freely express from the age of 10.

International child abduction

The Hague Convention on the Civil Aspects of International Child Abduction applies when a child under 16 is taken to or kept in another member country, in breach of a parent's rights of custody under the law of the country where the child was habitually resident. The aim is the prompt return of the child, after which the courts of the country from which the child was taken decide on parental responsibility. The Convention applies only if the other country is also a member, to removals after it entered into force between the two countries. Between Serbia and Russia it has applied since 1 June 2013. Where there is a custody decision, the 1980 European Convention on Recognition and Enforcement of Decisions concerning Custody of Children can also be used.

• An application for return is filed with the central authority of the country where the child lived or of the country to which the child was taken, or directly with a court. In Serbia the central authority is the Ministry of Justice, and the application is filed on the prescribed form.
• The application is accompanied by civil register certificates, custody decisions and proof that the child lived in Serbia, for example a school or kindergarten certificate and medical records. Legalisation is not required, but a translation into the language of the country to which the child was taken is attached, or, if that is not possible, into English or French.
• If less than a year has passed since the removal, the court generally orders the return. After that, it may refuse return if the child has settled in the new environment.
• Return may also be refused if there is a grave risk that the child would be exposed to physical or psychological harm, if the parent consented to the removal, or if a child mature enough for their views to be taken into account objects to return.
• The Convention expects the court to decide within six weeks.

Criminal liability

Anyone who unlawfully keeps or takes away a minor from the parent to whom the child has been entrusted, or obstructs enforcement of a decision on the child's custody, commits the criminal offence of abduction of a minor. Obstructing enforcement of a decision on contact between the child and a parent is also a criminal offence.

What to do

1. Before relocating, try to reach an agreement and put it in writing, and if there is no agreement, start court proceedings.
2. If the child has already been taken, contact the central authority or the court immediately, because the passage of time affects the outcome.
3. Keep evidence of the child's habitual residence: school, kindergarten, doctor, residence registration.

Common questions

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