Child Relocation Comparative Guide

1. Legal framework

1.1. What local legislative and/or regulatory provisions govern child relocation in your jurisdiction?

The Family Code of Ukraine (2002) defines the legal consequences when a parent or another person arbitrarily, without the consent of the other parent or other persons with whom a minor child lives habitually or based on an agreement, law or court decision, changes their place of residence within Ukraine.

At the same time, the general rules on crossing the border of Ukraine by local nationals and foreigners, including stateless persons, are set out in:

the Law on the Procedure for Leaving and Entering Ukraine by Ukrainian Citizens (1994); and
the Regulations on Border Crossing by Ukrainian Citizens approved by Cabinet of Ministers Resolution 57/1995.

Relocation specifics, including abroad, are also governed by Supreme Court case law.

1.2. Do any bilateral or multilateral instruments or treaties with effect in your jurisdiction have relevance to child relocation?

Ukraine participates in the Hague Convention on the Civil Aspects of International Child Abduction 1980. This convention is relevant when unauthorised relocation involves crossing international borders. It provides a framework and an international legal mechanism for returning wrongfully removed or retained children.

The UN Convention on the Rights of the Child 1989 sets out the fundamental rights of children. It emphasises the 'best interests of the child' principle, which is paramount to all decisions concerning children, including relocation.

Both of these conventions were ratified by Ukraine and their enforcement is obligatory.

However, in cases where enforcement by foreign court orders is needed, it is more appropriate to proceed under the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children 1996.

This can also be applied to situations in which one parent unilaterally relocates a child.

1.3. Which administrative bodies are responsible for implementing and enforcing the applicable regime in your jurisdiction? What is their general approach in doing so?

The Ministry of Justice is a central authority of Ukraine under the Hague Convention on the Civil Aspects of International Child Abduction 1980. It:

handles applications for the return of abducted children; and
facilitates cooperation with foreign authorities.

Its general approach involves:

receiving and processing applications;
attempting to secure voluntary returns;
initiating court proceedings where necessary; and
coordinating with foreign central authorities.

Ukraine's State Border Guard Service controls the movement of people and goods across Ukraine's borders. It enforces the regulations concerning child travel, including:

checking documentation; and
verifying parental consent.

The general approach is to:

verify that children exiting the country have the requisite documentation; and
prevent illegal child removals.

The National Social Service is responsible for protecting the rights and interests of children, particularly those in vulnerable situations. In particular, the service continues to exercise state supervision (control) over:

the observance of children's rights in institutional care and family-based care;
the implementation of the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children 1996, as a central authority of Ukraine; and
the observance of the rights of children abroad.

The police are involved in:

monitoring compliance with court orders, including restraining orders; and
investigating cases of child abduction or domestic abuse.

The overall approach of these bodies emphasises the best interests of the child. During the current war, there is heightened focus on ensuring the safety and wellbeing of displaced children.

2. Parental responsibility

2.1 How is the principle of parental responsibility defined in your jurisdiction and what does it encompass?

Ukrainian family law – particularly the Family Code (2002) – defines a list of parents' rights rather than applying the principle of parental responsibility, which has yet to be established legally in Ukraine. However, the code also refers to responsibilities in the sense of the parents' liabilities or duties towards their children.

As such, a mother and a father have equal rights and responsibilities towards a child, regardless of whether they are married. Divorce between parents, who are living separately from the child, does not:

affect the scope of their rights; or
release them from obligations towards the child.

Parents have the following rights:

a preferential right over other persons to the personal upbringing of the child;
the right to choose forms and methods of education, except those that contradict the law and moral foundations. Physical punishment and other types of punishment that humiliate the human dignity of the child are prohibited;
the right to contact with each other; and
the right to apply to the court, state or local authorities for the protection of the rights and interests of the child.

Parents are also obliged to:

pick up the child from hospital;
register the birth of the child with the state authorities;
take care of the child's health, physical, spiritual and moral development;
ensure that the child receives a complete general secondary education to prepare them for an independent life;
respect the child; and
support the child until they reach the age of majority.

Parents' evasion of parental duties will lead to the imposition of the responsibility established on them by law.

2.2 Who has parental responsibility in your jurisdiction and how is it acquired?

Parental responsibility in Ukraine is related to parental rights, which are based on a child's descent from a mother and a father, as certified by state bodies. Underage parents have the same rights and obligations towards the child as adult parents.

The child's origin from spouses is determined based on:

the marriage certificate; and
the healthcare institution's document regarding the child's birth to the wife.

This also applies where a child is born before the expiration of 10 months after the termination or invalidation of a marriage.

2.3 How does the regime apply in relation to the following family structures?

(a) Civil partnerships

The Family Code guarantees that all children have the same rights and protections, irrespective of their parents' marital status. According to the code, the paternity of children born out of marriage must be established, ensuring that they receive the same legal recognition and rights as legitimate children.

However, if the mother and father of the child are not married to each other, the paternity of the child from the mother is determined based on the healthcare institution's document on the birth of the child to her.

If the mother and father of the child are not married, the child's paternity is established:

through the joint application of the mother and father of the child; or
by court decision.

Both legitimate and illegitimate children are entitled to care, support and upbringing from both parents. Children born out of wedlock have the same inheritance rights as those born to married parents.

Therefore, regardless of marital status, parents share equal rights and responsibilities towards their children.

These include rights to custody, access and decision-making related to the child's upbringing.

(b) Blended families

The rights and obligations of the mother, father and child are based on the child's descent from them.

Therefore, one spouse can adopt the child of the other and acquire parental rights and obligations.

However, this is possible only if the legal requirements for adoption are satisfied – for instance, consent should be obtained from the other biological parent.

Adoption of a child is carried out without consent if the second biological parent is:

unknown;
recognised as missing;
recognised as incapable; or
deprived of parental rights regarding the adoption of the child.

(c) Adoption

Personal and property rights and obligations between parents and the person who is adopted, as well as between them and their other relatives by origin, are terminated from the moment of adoption. Mutual personal non-property and property rights and obligations arise between the adopted person (and, in the future, their children and grandchildren) and the adoptive parent and their relatives by origin.

Therefore, adoption grants rights to and imposes obligations on the adoptive parent regarding the child whom they have adopted to the same extent as the parents would have regarding the child.

A child may be adopted without the consent of the parents if the court establishes that they:

have not lived with the child for more than six months without valid reasons;
have not shown parental care; and
are not raising or financially supporting the child.

(d) Surrogacy

According to Article 123, Part 2 of the Family Code, if embryos created via reproductive technology are transferred into the body of another woman, the contracting couple will be the parents of the child.

Therefore, the surrogate mother has no parental rights over the child. The intended parents are recognised as the legal parents from the moment of conception.

(e) Same-sex parents

Currently, Ukraine does not recognise same-sex marriages or civil unions. Consequently, same-sex couples do not enjoy the same legal rights regarding children as married couples do. However, individual members of same-sex couples can acquire parental rights if they are the biological or adoptive parent of the child.

3. Permission to relocate

3.1 When must a parent seek permission to relocate and from whom? Does this vary depending on:

(a) Whether the parent is planning to relocate within the jurisdiction or outside the jurisdiction?

Ukrainian citizens under the age of 14 have the right to move around the territory of Ukraine only:

with the consent of their parents or guardians; and
if accompanied by them or persons authorised by them.

Ukrainian citizens under 16 travelling outside Ukraine with one parent or persons authorised by a parent must have the notarised consent of the other parent or both parents, indicating the state of destination and the length of their stay.

Under Ukrainian law, citizens under 16:

can only travel outside Ukraine with the consent of their parents or guardians; and
must be accompanied by them or authorised persons.

Without both parents' presence at the border, travel outside Ukraine is permitted with the notarised consent of the other parent.

There are some exceptions in which travel outside Ukraine is possible without such notarised consent, as follows:

The other parent is a foreign national or stateless person;
The child's passport shows evidence of permanent residence abroad; or
There is a court order in place, such as:
- a termination of parental rights;
- recognition of the other parent as 'missing';
- recognition of the other parent as incapable; or
- grant of permission to travel abroad.

In disputes regarding travelling outside Ukraine without the other parent's permission, the court will:

assess the risk of wrongful removal or retention of the child; and
determine the location, purpose and duration of the trip.

However, the child's best interests are the primary consideration and outweigh parental interests in such cases.

Because of the war in Ukraine, one parent need not obtain the notarised consent of the other to cross the border. This rule has been valid since March 2022, when it was first introduced to ensure the safety of Ukrainian children.

(b) Whether the removal is temporary or permanent?

The parents jointly decide on how to raise their child (including even temporary removal). However, there are several exceptions to this rule.

The parent with whom the child's place of residence has been determined by a court decision or confirmed by the conclusion of the child protection services may independently decide on the temporary departure of the child abroad for a period not exceeding one month – including as part of an organised group of children – for:

treatment;
education;
participation in:
- children's competitions;
- festivals;
- scientific exhibitions;
- competitions; or
- educational events;
health improvement; or
recreation.

To do so, the parent must inform the other parent about:

the child's temporary departure from Ukraine;
the purpose of departure;
the country of destination; and
the corresponding period of stay in that state.

Travel outside Ukraine is possible and notification is not required where there are arrears in child support payments which exceed the total amount of payments due:

for four months; or
for three months if alimony is paid for the maintenance of a child with a serious illness.

3.2 If the other parent agrees to the relocation, what formal requirements apply in this regard?

The consenting parent must sign a respective statement (consent) in writing if they agree to the relocation. This statement must be certified by a notary.

3.3 Where permission to relocate is refused by the other parent, either fully or partially, what avenues are open to the relocating parent to resolve the issue?

Such matters can be decided in court or before the local child protection services.

The local child protection services can issue a conclusion confirming the child's place of residence for their temporary departure from Ukraine. This conclusion is valid for one year from its entry into force.

However, a lawsuit must be filed in a Ukrainian court to obtain a permanent relocation. The relocating parent must provide evidence demonstrating that the relocation is in the child's best interests.

3.4 What are the legal consequences of failure to obtain permission to relocate?

Parents can attempt mediation to reach a mutually agreeable solution.

4. Relocation applications

4.1 With which bodies are relocation applications filed?

Currently, because of the war in Ukraine, one parent need not obtain notarised consent to cross the border. However, the second parent may apply to the local child protection services with an application for temporary relocation.

Before the introduction of martial law, a parent seeking to take a child abroad without the other parent's consent was required to obtain a court order.

Therefore, if a parent is not seeking to relocate the child abroad for more than one month, the additional requirement to apply to court no longer applies.

However, only a court order allows for relocation for a longer period. The courts in particular will ensure that permanent relocation will not violate the rights of the estranged parent. However, priority is still given to the child's interests in such cases.

4.2 What are the formal requirements for filing a relocation application?

To apply to court, the following documents are needed:

a statement of claim for permission for a child to travel abroad;
documents confirming the purpose of departure (eg, invitations to study, certificates of treatment);
evidence of an attempt to obtain the consent of the other parent; and
receipt of payment of the court fee.

4.3 How does the process unfold and what are the typical timeframes?

The first step is to file the claim and pay the fee to the court. The judge will review the application to determine whether it meets the procedural requirements.

The court will then schedule a preliminary hearing to review the application and decide on the next steps. The judge may:

clarify issues with the parties; and
set deadlines for the submission of evidence.

During the hearings, the court will:

hear arguments from both parties;
review documents;
listen to witness testimony; and
issue a written judgment granting or denying the relocation request.

Within a specified timeframe, either party can appeal the court's decision to a higher court.

A typical relocation case may take several months to over a year, depending on:

the court's workload; and
the complexity of the case.

4.4 What costs are involved in filing a relocation application?

A court fee is charged for filing a statement of claim with the court. The amount depends on the subsistence minimum, which changes every year.

4.5 How are the following factors weighed in deciding on a relocation application?

(a) The views and preferences of the child

During the court hearing, the judge may interview the child. This interview aims to determine the child's view on the case. The judge will seek to ensure that the child:

does not feel pressured by any party involved in the proceedings; and
can express their thoughts openly.

The interview may be conducted with a professional expert in child development, such as a psychologist or educator.

(b) The age and maturity of the child

Article 171 of the Family Code states that children have the right to express their opinions on matters that concern them.

Therefore, when resolving issues that affect a child's life, those who can articulate their views should be guaranteed the right to express these opinions freely. The child's views should be considered appropriately based on their age and maturity.

Generally, the opinions of younger children are given less weight, while the views of older, more mature children are taken more seriously.

Typically, a 10-year-old child can participate in cases and express their opinions. If a child under 10 can articulate their views, these will also be considered.

(c) The needs of the child

The court prioritises the child's best interests when making decisions in legal cases. This involves comprehensively evaluating the child's physical, emotional, educational and developmental needs. Key factors considered include:

access to quality healthcare;
educational opportunities; and
the stability of the child's living environment.

The court may oppose the child's wishes if it believes that these contradict their interests and needs.

(d) The importance of family unity

The Ukrainian courts strongly emphasise the importance of maintaining family connections, recognising that these ties can significantly impact a child's emotional and psychological wellbeing.

However, the overarching principle in their decisions is the child's best interests. As such, while family ties are valued, the courts focus primarily on what will most benefit the child in the long term.

(e) The loss of a relationship with the remaining parent

Parents share equal rights and responsibilities regarding their children.

The mother and father have the right to communicate freely with the child. Consequently, the court will evaluate how a potential relocation might impact the child's relationship with the parent remaining in Ukraine. If the loss of this relationship would significantly harm the child, the court may refuse to grant the relocation.

However, a child's temporary relocation abroad does not automatically mean that the other parent has been denied their legal right to be involved in the child's upbringing and communication.

A generalised or fixed approach in these cases is unacceptable. The fact that one parent can refuse to consent to the child's temporary travel abroad with the other parent is a considerable tool of influence, particularly in the context of relationships between former spouses, and can be misused in ways that do not serve the child's best interests.

The same goes for permanent relocation, as the Supreme Court has emphasised the principle that the child's best interests have the utmost priority.

Therefore, while some time ago it was considered that permanent relocation might severely affect the interests of the remaining parent, today, the Ukrainian courts will consider the child's interests before the remaining parent's interests in such cases.

Each situation must be examined closely, considering various factors that may affect the child's welfare, including their own opinions, which should be considered based on their age and ability to express themselves.

(f) The desire of the relocating parent to move

The Supreme Court has held that the child's best interests do not necessarily align with the interests of either parent.

There is broad consensus, including in international law, that the child's best interests should be paramount in all decisions. Depending on their nature and seriousness, the child's best interests may exceed the parental interests.

The courts will focus on whether the relocation is in the child's best interests, not solely on the parents' desires.

(g) How settled the child is in the home jurisdiction

The court will carefully evaluate the child's stability and well-established life in Ukraine, recognising the importance of their:

routines;
friendships; and
support systems.

In making its decision, the court will consider how a relocation might disrupt these crucial elements of the child's life. It will contrast this potential disruption with the possible benefits of moving, such as improved living conditions or educational opportunities.

Ultimately, the court will seek to ensure that any decision serves the child's best interests while minimising disruption to their established way of life.

(h) The parents' immigration status and ties to both the jurisdiction and the jurisdiction of relocation

The court will assess the relocating parent's capability to provide a stable and nurturing environment for the child in the new location.

This evaluation will thoroughly consider various factors, including:

the parent's:
- citizenship status;
- current residency; and
- employment opportunities; and
family connections to the area.

(i) The relocating parent's plans post-relocation

The court will consider such cases from all possible angles, including the plans of the relocating parent in the new jurisdiction.

(j) Other

Allowing travel abroad is not an unconditional indication that such a trip is in the child's best interests. It is necessary to:

specify a timeframe for the travel;
mention the country or countries to which the parent plans to travel with the child;
state the date of return to Ukraine; and
state the purpose for the trip and whether it is in the best interests of the child.

In the case of permanent relocation, the courts will first consider the child's best interests.

4.6 On what grounds can the application for relocation be opposed and by whom?

The remaining parent often presents several key arguments against the proposed relocation, highlighting potential negative implications for the child.

They may argue that the relocation would inflict significant emotional distress on the child. This concern encompasses anxiety about leaving familiar surroundings, undermining the child's sense of security.

The opposing parent may argue that the relocation would:

unreasonably limit their ability to exercise parental rights; or
threaten the child's vital connections with grandparents and other significant figures.

They may contend that the physical distance will restrict the child's ability to maintain these relationships, impacting their emotional wellbeing and development.

The opposing parent might further assert that moving to a new area could:

result in enrolment at a less suitable school; or
disrupt the child's academic progress due to changes in the curriculum or social environment.

Opposing parents might doubt whether the new home or community offers the necessary support systems, such as:

access to extracurricular activities;
social engagements; and
a safe living environment.

There could be claims regarding the new location's safety and overall suitability for a child.

If the child has specific medical needs, the opposing parent may raise concerns that the relocation could hinder access to essential healthcare services.

Finally, the other parent may argue that the move is being driven primarily by the relocating parent's convenience or personal circumstances.

The child protection services are the participants in such disputes. They must issue a conclusion on the parties' demands regarding the dispute. If they believe that the relocation should not be permitted, they can oppose it based on the child's best interests.

4.7 If the application to relocate is granted, can this be made subject to conditions or restrictions?

Generally, since the claim is only for permission to go abroad, the court will either satisfy the claims and grant permission to leave or refuse it.

5. Child abduction

5.1 Is child abduction a criminal offence in your jurisdiction? If so, how is it defined and what does it encompass?

According to the Criminal Code, the illegal deprivation of liberty or kidnapping of a person is a crime.

The deprivation of liberty may involve keeping a person in a place where they no longer wish to stay or cannot leave freely.

This crime is committed from the moment the person is taken into possession to the actual start of the restriction of their freedom.

However, kidnapping that falls under the 1980 Hague Convention on the Civil Aspects of International Child Abduction is not a criminal offence in Ukraine.

5.2 What are the likely penalties for this criminal offence?

Unlawful deprivation of liberty or kidnapping is punishable by:

restriction of liberty for up to three years; or
imprisonment for the same period.

The same acts committed against a minor child are punishable by:

restriction of liberty for up to five years; or
imprisonment for the same period.

5.3 Where a child has been abducted to your jurisdiction, what steps can be taken to secure his or her return? Should the left-behind parent pursue these steps in the home jurisdiction or your jurisdiction?

The procedure for returning a child to the state of their permanent residence is determined by the Hague Convention on the Civil Aspects of International Child Abduction of 1980, which entered into force in Ukraine in 2006.

The convention applies to any child who is permanently resident in a contracting state immediately before the violation of rights of custody or access was committed. The convention's scope of application terminates once the child reaches the age of 16.

Anyone who claims that a child has been removed or is being held in violation of custody rights may apply to the central authority of the state of the child's habitual residence or any other contracting state, including the country to which the child was relocated, for assistance in securing the child's return.

Suppose that the central authority receives the application and has reason to believe that the child is in another contracting state. In that case, it will:

transmit the application directly to the central authority of that other contracting state without delay; and
inform the applicant accordingly.

A central authority in Ukraine is the Ministry of Justice.

At the same time, the convention applies only to relations between contracting states. If are no bilateral agreements between the countries regulate this issue, it will be necessary to:

use diplomatic channels to return the child; or
potentially, even initiate a lawsuit in the country to which the child was taken.

5.4 How do these processes unfold and what are the typical timelines?

The central authority of the state in which the child is located will first take or ensure that all appropriate measures are taken for the child's voluntary return.

The police, at the request of the Ministry of Justice, will:

take measures to establish the child's location; and
inform the Ministry of Justice of the results in writing.

Based on a notification of receipt of an application for assistance in the return of a child received from the territorial body of the Ministry of Justice at his/her location, will contact the abducting parent to obtain his or her explanations on the matter and ask if such parent is ready for the voluntary return of the child.

If the return of the child to the state of permanent residence cannot be resolved peacefully, the Ministry of Justice of Ukraine, based on the instruction of one of the parents, will submit a corresponding statement of claim to the Ukrainian court. The subject of the claim is ensuring the child's return to their permanent residence.

While the Ministry of Justice provides basic legal assistance and services free of charge, court representation is free only for citizens of countries that offer reciprocal services to Ukrainian citizens. Therefore, individuals are recommended to retain legal counsel to represent their interests in court effectively.

Cases concerning the return of a child to a foreign state are considered in Ukraine in general claim proceedings under the procedure determined by the Code of Civil Procedure (2004).

The applicants can also hire private attorneys to assist them in court proceedings.

The timeline is around six to 12 months for the court proceedings at first instance. The appeal and cassation instances may take another three to nine months each.

5.5 What costs are involved for the left-behind parent?

There is no need to provide guarantees, bonds, deposits or any other payments for the costs of judicial or administrative procedures under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

However, if the left-behind parent is represented by a private attorney, they will have to bear legal and out-of-pocket expenses, such as court fees.

5.6 What factors will the court consider in deciding on an order to return the child? What defences are available for the return of child to the home jurisdiction?

If a child was illegally removed less than one year ago, a judicial or administrative authority of the contracting state in which the child is located will issue an order for the immediate return of the child.

Such an authority may also issue an order for the child's return once this term has expired, unless there is evidence that the child has already settled in their new environment. According to the Supreme Court, this evidence may relate to factors such as:

friends;
hobbies;
stable family ties;
medical care; and
a change in the language of communication.

However, the judicial or administrative authority is not obliged to issue an order for return if a person, institution or other authority can prove that:

the person, institution or other body caring for the child did not exercise the right of custody at the time of the removal or give permission for the relocation;
there is a serious risk that the return would harm the child; and
the child objects to the return and has reached an age and level of maturity at which their opinion should be considered.

According to Supreme Court case law, failure to prove that a particular state was the place of permanent residence of the child at the time of removal is also a basis for rejection of the child's return.

5.7 Apart from an order to return the child, what orders are typically made in these processes for all parties involved – the child, the left-behind parent and the abductor?

A parent has the right to submit to the Ministry of Justice or the central authority of any other state that is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction:

an application to facilitate the return of the child; or
an application to ensure access to the child. This should necessarily indicate:
- the circumstances that are preventing such access; and
- proposals for agreeing on conditions to ensure the exercise of the right of access to the child.

5.8 Will any other government authorities be involved or called for assistance?

The Ministry of Justice can involve other authorities to help parents access a child in Ukraine.

The police can assist in finding out where the child resides in Ukraine and who they live with.

The State Migration Service can provide information about the child's registered residence in Ukraine upon request.

The Ministry of Justice can also request the State Border Guard Service for information about whether the child has crossed the border.

The Ministry of Justice may send the application to the guardianship authority where the child lives, which will gather information on the child's living conditions.

6. Trends and predictions

6.1 How would you describe the current child relocation landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The ongoing war in Ukraine has led to the mass displacement of children. In response to this humanitarian crisis, the Ukrainian authorities have felt compelled to revise and adapt the existing legal frameworks to address the complex realities surrounding wartime displacement and evacuation protocols.

An essential aspect of these adaptations has been the urgent need to balance the protection of children with the logistical challenges inherent in evacuating them from hazardous areas. The regulations on parental consent for children leaving the country have been modified to expedite this process. These changes are intended to simplify the evacuation procedures.

Unfortunately, there are serious problems surrounding the unlawful relocation of Ukrainian children to Russia.

Moreover, currently, there is no need to have notarised consent to travel abroad from Ukraine with a child. Therefore, we anticipate an increase in disputes based on the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

7. Tips and traps

7.1 What are your top tips for seeking the return of a child in your jurisdiction and what potential sticking points would you highlight?

If a child has been taken to another country that is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, it is crucial to apply to the appropriate authorities. Begin legal proceedings immediately upon discovering the child's wrongful removal.

Hiring an attorney who specialises in international family law and the Hague Convention is essential. Their expertise will be invaluable in:

navigating the complex legal landscape;
providing guidance; and
representing you in court.

Always emphasise the child's best interests. Provide evidence of any potential harm caused by the wrongful removal. Document everything, including travel records and communication with the other parent. Evidence demonstrating the child's habitual residence and the wrongful nature of the removal is critical.

This process can be stressful for both the child and the parents. It is crucial to consider the child's emotional wellbeing and seek professional support if needed. If appropriate, explore mediation to reach a mutually agreeable solution.

Potential challenges include the following:

Establishing the child's habitual residence can be complex, especially if the child has lived in multiple countries;
Enforcing return orders across international borders can also be challenging, even under the Hague Convention;
Providing sufficient evidence of wrongful removal can be difficult; and
The other parent may actively resist the child's return, leading to a prolonged process.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.