Kidnapping is a serious criminal offense under French law. When it involves a child - particularly in the context of divorce, custody disputes, or international relationships—the legal and emotional consequences can be severe. France has strict laws protecting against parental child abduction and participates in international treaties such as the Hague Convention to address cross-border removals.
Kidnapping Under French Criminal Law
In France, "enlèvement" refers to the unlawful taking or detention of a person, including minors. When a parent takes a child without the other parent's legal consent or in violation of a court order, it may be classified as parental kidnapping.
This includes:
-
Taking a child from their legal guardian
-
Refusing to return a child after an authorized visit
-
Transporting a child to another location—especially abroad—without permission
Parental abduction is punishable by law, and depending on the severity of the case, may result in criminal charges, fines, and imprisonment. Civil consequences, such as custody modification or supervised visitation, may also follow.
Legal Response and Emergency Measures
When a child has been abducted or wrongfully withheld in France, the first step is typically to report the incident to the local police and seek legal counsel immediately. French courts can issue urgent rulings to order the child's return, modify custody terms, or involve child protection services.
Parents may also petition the juge aux affaires familiales (family judge) for emergency measures or protective orders.
International Parental Kidnapping and the Hague Convention
France is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This treaty provides a legal pathway to return children who have been wrongfully removed from their country of habitual residence - or retained abroad without proper consent.
To initiate a Hague case:
-
The child must be under 16 years of age
-
The removal or retention must violate custody rights granted by law or court
-
A formal application must be filed with the relevant central authority
Hague petitions must be filed as quickly as possible—delays may weaken the claim, especially if the child has become settled in the new environment. Defenses such as "grave risk of harm" or the child's objection may also complicate the outcome.
Preventive Measures
Parents concerned about potential abduction—particularly in cases of international relationships or dual citizenship—can take legal steps to prevent unauthorized travel, including:
-
Requesting a travel ban or court order preventing cross-border movement
-
Notifying French border police of custody restrictions
-
Enrolling in passport alert systems or judicial supervision programs
Legal prevention is especially important when custody arrangements are still pending or when there is a history of non-compliance by one parent.
Legal Support and Representation
Whether you're seeking to prevent an abduction, respond to a custody violation, or initiate a Hague application, legal guidance is essential. Each case involves emotional stakes and legal nuances that require experience in both French family law and international legal procedures.
Nathalie Harrop offers experienced representation for parents navigating parental kidnapping cases in France and across borders. She helps clients act swiftly and strategically to protect their children and enforce their rights.
Contact the offices of Nathalie Harrop now with any questions and to set up a consultation.
Call: +33 686 132214, or email us through the contact form