International Child Abduction (if taken to South Korea)

International Child Abduction

International child abduction is when a parent or third party violates the custody rights of a sole or joint custodian by taking a child from the country where the child was living to another country against the custodian's will.

A parent who was living in a foreign country brings a child to Korea from a foreign country without spousal consent,

a foreign parent living in South Korea takes their child to their home country without their spouse's consent.    

International child abduction is done to obtain a favorable final judgment in a divorce case (custody designation), for subsistence reasons, etc.

Why International Child Abduction Occurs

International child abduction happens for several reasons.

It can occur from the belief that "if I take the child to a foreign country, the other spouse won't be able to do anything."

It also happens in order to obtain a favorable custody and parental rights ruling from a favorable court ahead of a divorce proceeding.

And it occurs to nullify an unfavorable custody and parental rights ruling.

The Need for Advance Preparation for Hague Child Return Litigation

The Hague Convention on International Child Abduction applies to cases where "a child has been wrongfully removed to a foreign country" or "is being wrongfully retained in a foreign country even if the initial move was lawful."

If the other party has collected evidence in advance proving that the child's move to the foreign country was not wrongful, or that the retention abroad is not wrongful, the Hague return petition will be dismissed.

Recently, there has been an increase in cases where one party, under the confidential advice of a lawyer, induces words or actions from the other party that could be interpreted as consent, and then preserves this as evidence to prepare for litigation.

If a situation arises where a child moves abroad with one parent amidst marital conflict, it is necessary to consult with an expert attorney to assess the current legal status in advance and prepare accordingly.

Unlawfully removed to South Korea and detained Case

As a parent has the right to have a child under his or her care for the purpose of raising the child, he or she may request a juvenile trial in a Korean court (Article 2, paragraph 1, item 2, subparagraph 3 of the Family Procedure Act).

Since infantile tribunals take several months, in some cases, you can apply for an infantile pre-disposition to get your child back quickly (Article 62 of the Family Procedure Act).

If a child has been illegally transferred from overseas to Korea, in addition to the above infantile delinquency proceedings, a child return claim may be filed under the Hague Convention on the Civil Aspects of International Child Abduction. 

Read the full text of the Convention on the Civil Aspects of International Child Abduction

Preventing and Responding to International Child Relocation Disputes

The Hague Child Return Claim Proceedings

Experienced in winning various Hague child return cases

Yeohae Law Firm has a range of successful cases, including returning children who were illegally taken to Korea back to their parents in their habitual country of residence through Hague child abduction return litigation, as well as cases where overseas child return claims were dismissed.

Hague child abduction return litigation requires prompt action because the longer the period following the unlawful transfer, the greater the likelihood of an unfavorable decision.

At Yeohae Law Firm, we offer expert assistance from locating the child within Korea to the execution phase following the child return claim litigation.

Yeohae Law Firm's Competitiveness

Yeo Hae Law Firm maintains a high win rate by handling all cases under the responsibility of the lead attorney without an office manager,

Avoiding brokers, expensive advertising, and expensive offices that contribute to high fees,

We strive to provide the best legal services at the lowest possible fee.

Based on this long-standing belief, Yeo Hae Law Firm has successfully handled many cases involving family members and friends of judges, including cases involving family members of the Chief Justice.

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