What can I do if my child was taken to another country by the other parent?

What the Law Says

The International Child Abduction Remedies Act (ICARA) is the U.S. federal law that implements the Hague Convention on the Civil Aspects of International Child Abduction. It gives U.S. courts authority to hear cases involving children wrongfully removed or retained in another country and mandates cooperation with foreign central authorities.

ICARA ensures that U.S. courts recognize and enforce the Hague Convention’s core principle: the prompt return of children under age 16 who have been wrongfully removed from or retained outside their country of habitual residence.

The law directs the U.S. Department of State to serve as the Central Authority for the United States, receiving and processing Hague Convention applications from left-behind parents.

Courts must decide Hague petitions expeditiously — typically within six weeks — and may only deny return in limited circumstances, such as a grave risk of harm to the child or if the child objects and has attained sufficient maturity.

Statutory Text

The Congress finds that— (1) the abduction or wrongful retention of children overseas by a parent is a serious problem affecting thousands of families each year; (2) the United States has a strong interest in protecting children from the harmful effects of international abduction and wrongful retention; and (3) the Convention provides an effective mechanism for the prompt return of abducted children.

— 22 U.S.C. § 9001 — Findings and declarations

What to Do

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