European UnionMy ex took our child to another EU country without consent. How do I get them back?
You can apply for the child’s immediate return under the EU’s Brussels II bis Regulation and the Hague Convention, which require courts in the destination EU country to order return within six weeks if the child was wrongfully removed.
What the Law Says
The main EU law governing cross-border child abduction between Member States is Council Regulation (EC) No 2201/2003 (Brussels II bis), as recast by Regulation (EU) 2019/1111. It works alongside the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
If your child was habitually resident in one EU country and taken to another EU country without your consent (or in breach of your custody rights), this is considered 'wrongful removal' under EU law.
Brussels II bis requires courts in the country where the child was taken to decide on return applications swiftly — usually within six weeks of the application being lodged.
The regulation prioritises the child’s best interests but presumes return is appropriate unless specific narrow exceptions apply — such as grave risk of harm or the child’s objection (if mature enough).
Statutory TextThe court shall decide on the application for return of the child no later than six weeks after its introduction.
— Regulation (EC) No 2201/2003, Art. 11(3) — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility
Statutory TextA child is deemed to have been wrongfully removed… if the removal takes place in breach of rights of custody attributed to a person… under the law of the State in which the child was habitually resident immediately before the removal.
— Regulation (EC) No 2201/2003, Art. 2(11) — Definition of wrongful removal
What Courts Have Said
EU courts have consistently upheld the principle of swift return and strict interpretation of ‘habitual residence’ and ‘rights of custody’ to prevent forum shopping and delay.
Confirmed that unilateral removal by one parent breaches joint custody rights and constitutes wrongful removal under Brussels II bis, even without a formal court order.
Clarified that ‘habitual residence’ depends on integration into a social and family environment — not mere physical presence — and must be assessed factually.
What to Do
Contact your national Central Authority for the Hague Convention immediately — they’ll help file a return application in the destination EU country.
Gather evidence: proof of habitual residence (e.g., school records, medical files), custody agreements or court orders, and travel details.
Apply for urgent interim measures (e.g., passport seizure, border alert) through your local family court.
Ensure your application is filed within one year of the removal — delays beyond this may trigger the ‘settled’ exception under the Hague Convention.
Seek legal aid: EU citizens have the right to free legal assistance in cross-border family cases under Regulation (EU) No 1215/2012 and national schemes.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.