In english
The Finnish Association for Abducted Children
The Association for Abducted Children is an organization which was founded in 1997. It supports and helps parents prevent international child abductions and return abducted children back to the country of departure, and gives advice on difficult international custody disputes.
The goal of our work is to help and support children who have been abducted, who live under the threat of abduction or who have become a target of a difficult custody dispute, and to defend their basic human rights. The organization strives for equality in considering the interests of both the father and the mother, but the central issues are the interest of the child and his or her right not to be a target or a victim of international child abduction or a difficult and destructive custody dispute. The citizenship of the child or the parents is of no consequence.
Apart from advice, the organization offers peer support and rehabilitation to families.
International Child Abduction
The living conditions and other issues concerning the child are decided by the custodial parent or the custodial parents together. If both the parents are custodians of the child (joint custody) neither of them has the right to take the child abroad without the consent of the other parent. The sole custodian decides on personal matters of the child alone, and the consent of the other parent is not needed. The other parent, too, should respect the right of the child to live near both the parents and meet them both.
It is a question of international child abduction when the following requirements are met:
• the child is under 16 years of age
• the child was habitually resident in Finland (nationality is of no consequence)
• the child has been taken in a foreign country without the consent of the person who has custody of the child
• or the child has not been returned from abroad at the end of a period of exercise of the right of access to a child.
It is a question of child abduction, too, when the child is brought to Finland from another country without the consent of the person who has custody of the child.
Finland is a party to two international conventions which aim at preventing and resolving international child abductions. They are The Hague Child Abduction Convention (Treaty Series 57/1994) and the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children, i.e. the Brussels II Regulation. Nevertheless in practice, the Hague Child Abduction Convention is solely applied to issues concerning restoration of the child. By June 2010, there were 80 Contracting States with Finland.
A list of Contracting States
Child Abduction as a Criminal Offence and a Human Rights Violation
In Finland, child abduction is regarded as a criminal offence. The child abductor may be guilty of taking custody of a child by self-help and subject to punishment according to the Chapter 25 Section 5 of the Penal Code, or of child abduction according to Section 5a.
It is a question of child abduction, if while taking custody of a child by self-help
the child is removed from the country of residence or is not returned there, which is in breach of the rights of custody and
the rights of custody had actually been exercised at the time of the move abroad or at the time of retention, or if they had been exercised without the removal or non-return.
The purpose of this provision is to enact punishment when the abductor violates the personal liberty of the child and deprives the child of his or her custodian, social environment and, among other things, friends. A punishment of imprisonment for a term of two years may be imposed. If the child abduction case seems to meet the criteria of an aggravated deprivation of liberty, the abductor may be sentenced to imprisonment for at most four years.
A parent can submit an investigation request to the Police concerning the child abduction. Nevertheless, a criminal process may substantially impede the voluntary return of the child, which is usually the goal. A warrant for a missing child can also be applied.
Child abduction is always a human rights violation, too. Keeping a child away from the other parent, child abuse and exposing a child to cruelty or neglect are all human rights violations. The UN Convention on the Rights of the Child stipulates that the best interest of the child includes the right to know his or her parents (article 7), the right to be cared for by them or to live together with them (article 9). The Convention also obligates the countries to ensure that the children who have been forced to leave their own country can return to their country and maintain personal relations with their family (article 10). According to article 11, the States Parties have also committed to take measures to combat illicit transfer and non-return of children abroad. By June 2010, the UN Convention on the Rights of the Child had been ratified by all countries except Somalia and the USA.
Has Your Child Been Abducted from Finland to Another Country?
The authority that will handle a child abduction case depends on the country the child has been removed to. If you do not know which country the child has been removed to, or his or her exact whereabouts, contact your local police. The police can issue a warrant for a missing child through the National Bureau of Investigation.
In a case of child abduction, it is always advisable to contact a lawyer or an attorney, because returning a child is judicially a complicated process. Find out from a Government Legal Aid Office the possibilities for cost-free legal proceedings.
1. Child Abduction to a Contracting State
If the child has been removed to a Contracting State, i.e. to a state that is a party to the Convention on Civil Aspects of International Child Abduction, contact the Ministry of Justice (either directly or through a lawyer) (Tel. +358 9 160 03,). The Ministry of Justice will give you advice on how to start the process of returning the child.
According to the Hague Child Abduction Convention, it is a question of child abduction when the following requirements are met:
• the child is under 16 years of age
• the child was habitually resident in a State Party to the Hague Convention immediately before the removal (for instance Finland)
• the child has been removed to another State Party to the Hague Convention
• the applicant had either exclusive or joint right to decide on the child’s place of residence (i.e. the applicant has sole custody of the child or joint custody together with another custodian)
• the applicant has actually exercised his or her custody rights (i.e. the child has lived with him or her, or
• the applicant has met the child regularly)
• the applicant has not given his or her consent to the removal or retention of the child.
Then, the Ministry of Justice is the Central Authority and its duties include:
• to locate the abducted child
• to bring about an amicable resolution and secure the voluntary return of the child
• to provide advice in the application of the Convention and the drafting of the application
• to transmit the application to the Central Authority of another Contracting State
• to request information relating to the legislation and practice of another State.
The services of the Central Authorities are always free of charge. Nevertheless, many Contracting States have made reservations to the Convention’s section on cost-free legal proceedings, so you have to check each country separately, in order to make sure whether the trial and legal aid will be free of charge or not.
According to the Hague Child Abduction Convention, a decision on the return of a child does not involve a decision concerning the custody of the child. This means that this is in no way a conclusion on which parent would be the best custodian. After the child has been returned, proceedings relating to the custody of the child will take place in the State of habitual residence.
There are some cases where the State required to return the child can refuse to do so. The grounds for refusal can be the following:
• the application for the return of the child is submitted more than one year after the removal took place and the child has adapted himself of herself to the new surroundings, or
• the return of the child would place him or her in an intolerable situation or expose him or her to physical or psychological harm or
• the child who has attained an adequate degree of maturity objects to being returned.
2. Child Abduction to a Non-Contracting State
If the child has been removed to a Non-Contracting State, contact the Ministry for Foreign Affairs either directly or through a lawyer (tel: +358 9 160 05 or 578 15, ). The Ministry for Foreign Affairs assists in resolving a child abduction case, if the removal or retention of the child is considered unlawful according to the Child Custody and Right of Access Act (361/1983), and the matter does not fall under the competence of some other authority.
In child abductions, The Ministry for Foreign Affairs can assist
• in contacting and keeping in contact with the abducting parent and the child
• in discovering the whereabouts and the circumstances of the child
• in finding a counsel or other legal assistance based on the local law (i.a. by supplying a list of local lawyers)
• in transmitting information and documents concerning the matter to the authorities and the counsel
• in seeking general information on the relevant legislation of the State in question
• in the practical arrangements in connection with the return of the child.
The Ministry for Foreign Affairs and the Missions always aim at securing all possible executive assistance in the matter, but their measures cannot replace the proceedings for the return of the child required by the legal system of the country concerned. You also have to take into consideration that the foreign authorities are not always willing to intervene in cases of child abduction. The reason for this can often be found in different concepts of family, culture and religion. If the child is also on exclusively a citizen of the country to which he or she has been abducted, the chances of executive assistance in obtaining the return of the child can be severely limited. This can also be the case if either or both parents are citizens of that country.
If the parents are unable to reach an agreement, or the country concerned does not recognize or enforce e.g. a decision on custody of the child issued in a Finnish court, the only possible solution may be to initiate legal proceedings in the country to which the child has been abducted. It is good to know that a court in a foreign state decides cases on the basis of their own domestic laws and regulations. In some countries the laws derive directly from religious rules.
It is good to be prepared for the fact that legal proceedings can be drawn-out, expensive and patience-taxing. They also include the process, specific to each country, through which a Finnish decision validated in the relevant country or a decision on custody of the child can be enforced. The enforcement may be decided by another authority than the court. A local lawyer is needed for the proceedings. Legal aid can be granted for the costs of the proceedings by the country concerned or by Finland pursuant to the Legal Aid Act 257/2002. In Finland Applications for legal aid are made to and, on certain conditions, granted by the Ministry of Justice.
Do You Fear That Your Child May Be Abducted?
In legislation, there are many precautionary measures in case of child abduction. Parents, especially sole custodians, may also take practical measures that secure children’s everyday life. They may e.g. inform the day-care centre, the childminder and the school that the child must not be left alone with anyone else than the parent or someone authorized by the parent.
If you suspect that the other parent is planning an unlawful removal of the child to another country, it is important that you inform authorities both in Finland and in the target country (the embassy) that the travel documents of the child do not have the custodian’s approval. In practice, the child may have been registered as a citizen of the relevant country in connection with birth. According to the legislation of the country in question, the child does not necessarily need the consent of a Finnish parent, in order to be able travel to the target country.
Finnish authorities can only intervene in the passport issues of Finnish citizens and they can cancel only Finnish passports. The police authority that deals with the passport issue can cancel the Finnish passport of a child at the other custodian’s request, or he or she can refrain from accepting the passport application of a custodian. According to the Passport Law (671/2001) Section 11, a passport is issued to a minor with the consent of his or her custodians. If the custodian has refused to give his or her consent, a passport can, nevertheless, be issued to a minor, if not issuing it clearly were against the interests of the child, and it can be considered obvious that the child will not be removed to another state against the consent of his or her custodian except temporarily. Nevertheless, cancelling the passport is of no consequence if the child has dual citizenship and, therefore, the right to receive also the passport of the target country.
If you demand judicial precautionary measures, like supervised access, restraining order, taking into care, temporary (urgent) precautionary measures or provisional judgements on child care, living conditions or visits, you must take care of getting adequate proof of the threat of child abduction. A report on the threat of child abduction can be made to the police, and at the same time, you can ask the police to make a note of it to the passport registry. You can contact the border control, e.g. the airport police at Helsinki Airport. In practice, such a precautionary measure can only be temporary. The parents may try to get information on possible measures from the local police, but they should be prepared for the fact that precautionary measures are not watertight.
More information on various precautionary measures and how to use them can be obtained from the office of the Finnish Association of Abducted Children, from parents who face similar situations (peer supporters, the Internet), as well as from your own attorney and your legal adviser.
Has Your Child Been Abducted to Finland?
If your child has unlawfully been brought to Finland, contact the authority in charge of child abductions in your country. If the child has been abducted from another Contracting State you have to deliver the application for the return of the child to the Finnish Ministry of Justice, which is the Central Authority in Finland, and they take it to the Helsinki Court of Appeal. Usually, child abduction cases are quickly resolved. The Finnish Association for Abducted Children can help you in Finnish and English languages.
Contact Information of the Organization here