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International Child Abduction Lawyer

Hayher Lee is among the few Canadian Law Firms with significant experience in handling international child abduction cases.

These cases, particularly those crossing international borders, are complex and highly time-sensitive. It is crucial to engage an international family lawyer with a deep understanding of the international child abduction process to address urgent matters effectively from the outset.

Family law lawyers frequently assist parents whose children have been taken to another country or who face accusations of abduction.

At Hayher Lee LLP , we are dedicated advocates for children’s rights and their best interests. Andy Hayher KC is one of a handful of lawyers in Canada who is a Fellow of the prestigious International Academy of Family Lawyers (IAFL), an organization of leading family law specialists worldwide.

Resolution of Child Abduction Cases

When handling international child abduction cases, courts must balance the interests of both parents and children.

In Canada, there has been a shift towards a more nuanced approach that prioritizes children’s best interests and their expressed wishes. This evolution in child abduction law poses new challenges for family lawyers in Alberta, especially those unfamiliar with obtaining and using children’s evidence in international cases.

Child Abduction to a Foreign Country

If a child is abducted to a foreign country, the next steps depend on whether that country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.

Currently, 99 countries, including Canada, the USA, Hong Kong, Japan, Australia, and many parts of Europe and South America, are signatories. If the country in question is a signatory, the Convention will apply. If not, a different legal approach will be necessary.

There are strict timelines for negotiating a child abduction case under the Hague Convention. After a year has passed since the alleged abduction, courts are more likely to consider how well the child has adapted to their new environment. This approach aligns with prioritizing the child’s best interests and overall well-being.

If a child has been wrongfully taken to a foreign country, the first step is to try to negotiate their return directly with the other parent or their legal representative. If this fails, the next step is to file an application under the Hague Convention for the child’s return.

To qualify for such an application, the following conditions must be met:

The child must be under sixteen years old.
The child must have been a resident of Canada before being taken to the foreign country.
The removal must be considered wrongful, meaning it breaches your decision-making (custody) rights, which were being exercised before the removal.

Hague Convention applications have an added complexity as they are managed by a Central Authority in each country. These Authorities collaborate to:

Locate the child.
Ensure the child’s health and well-being.
Facilitate negotiations for a voluntary return.
Manage applications in each jurisdiction.
Remove obstacles to the process.

Hayher Lee works with the Central Authorities in both countries and represent you in court to ensure the process moves smoothly and your interests are protected.

Child abduction cases involving non-signatory states are inherently more challenging.

Your efforts to recover your child will largely depend on the receptiveness of the state to which the child has been taken.

That state may not recognize parental child abduction as a crime, may not respect or recognize Canadian court orders, or may lack the willingness or ability to locate and protect the child.

The first step is to find a reputable family lawyer in that jurisdiction to understand the legal framework and the most effective remedies available.

At Hayher Lee LLP, our experience in international family matters and our professional associations have allowed us to establish relationships with foreign legal experts in many jurisdictions. This makes us uniquely qualified to find a workable solution to bring your child home.