International child abductions in Germany remain a serious legal challenge under the Hague Convention on the Civil Aspects of International Child Abduction. The Federal Office of Justice (BfJ) is the German Central Authority under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Child Abduction Convention). It supports parents and guardians in claiming the return of children who have been unlawfully abducted or retained. The current figures from 2023 for the BfJ are now available.
Federal Office of Justice publishes new figures from 2023 on cross-border child abductions. [1]
Objectives of the Hague Child Abduction Convention
The aim of the Hague Child Abduction Convention is to protect children from the detrimental consequences of wrongful removal to or retention in another Contracting State. Its goal is to return abducted children promptly to their original country of habitual residence, unless exceptions apply. A civil law claim must be brought in the country where the child was taken. Local courts usually decide on the return of the child. However, this return process does not involve custody decisions. Only courts in the child’s country of previous habitual residence may rule on custody or broader child custody matters.
The role of the Federal Office of Justice: counselling and support
Under certain conditions, the Hague Child Abduction Convention gives affected individuals a civil law right to the return of the abducted child. The Federal Office of Justice provides free counselling and support upon request. It thus assumes an intermediary function between Germany and abroad. However, the involvement of the BfJ is not mandatory. If a child is abducted to another contracting state, the parent left behind can apply to the BfJ for assistance in returning the child. Likewise, the BfJ is authorised to act in and out of court for applicants from other contracting states in Germany.
Figures for the year 2023
International child abductions in Germany remained a significant issue in 2023, with the BfJ recording a total of 527 new cases under the Hague Child Abduction Convention. Among these, 437 cases (83%) involved return proceedings, and 90 cases (17%) were contact proceedings. Germany ranked third worldwide for total Hague Convention cases, after the USA and the UK. In most cases, the left-behind parent was the mother.
Of the 437 proceedings, 236 involved abductions from Germany, and 201 involved abductions to Germany. Ukraine (43), Turkey (38), and Poland (35) were the top countries involved. Turkey was the most common destination in outbound cases (29), while Ukraine led inbound cases (33), followed by Poland (17).
Important note on the number of cases from the BfJ
It’s important to note that BfJ involvement is not mandatory under the Convention. As a result, the BfJ cannot provide total figures for all cross-border child abductions. Only cases between contracting states are recorded, so incidents involving non-contracting states are excluded.
Also, the Hague Convention is a civil law instrument. It does not address criminal aspects of child abduction, such as those covered by Section 235 of the German Criminal Code (StGB)
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[1]https://www.bundesjustizamt.de/DE/ServiceGSB/Presse/Pressemitteilungen/2024/20240314.html?nn=39384