International child abduction

Internationalisation has led to an increase in people’s mobility, and this development is expected to continue. People’s family situations are also increasingly prone to changes. In the context of separation or divorce, parents may find it difficult to decide on where their children will live. The situation may even escalate into an international child abduction.

Efforts have been made to prevent and resolve international child abductions through international agreements, the most significant of which is the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In Finland, the Ministry of Justice acts as the Central Authority in accordance with the Convention.

Child abductions include both those from Finland to abroad and from abroad to Finland. This information kit is mostly focused on cases where the child has been wrongfully taken from Finland to a foreign country or has not been returned from a foreign country back to Finland. The information kit has been prepared to provide information and instructions to parents, lawyers working on child abduction cases and the authorities.

What is international child abduction?

Definition of international child abduction

A case usually concerns international child abduction when it meets the following characteristics:

• The child has been taken abroad from his or her country of permanent residence or has not been returned after a parent has exercised his or her right of access, for instance.
• The child has been removed or retained without the custodian’s consent.
• The custodian has actually exercised his or her rights of custody.
• The child is under 16 years of age.

Child custody under Finland’s legislation

Rights of custody mean the right and obligation to take care of matters relating to the person of a child, such as the right to determine the child’s habitual residence. In Finland, the child’s custody is determined directly under an Act, by a court decision or on the basis of an agreement drawn between the child’s parents confirmed by the social services (Act on Child Custody and Right of Access 361/1983).

• If the parents of a child are married to each other at the time of the child’s birth, they both are custodians of the child.
• If the parents are not married to each other at the time of the child’s birth, the mother who gave birth to the child is the custodian of the child.
• If parenthood has been acknowledged before the birth of the child, the person who has acknowledged parenthood becomes a custodian of the child once parenthood has been established.
• If the mother who gave birth to the child is the sole custodian of a child and marries a person who is subsequently established as a parent of the child, this parent also becomes a custodian of the child once parenthood has been established.
• If one of the parents has sole custody of a child and the parents marry each other, the other parent also becomes a custodian of the child.
• After the birth of a child, the child’s custody may be agreed upon by agreement confirmed by a child welfare officer or ordered based on a court decision.

If both parents are custodians of their child, neither parent may change their habitual residence to a foreign country without the consent of the other parent. If the parent is the child’s sole custodian, the parent with right of access is not entitled to change the child’s habitual residence to a foreign country without the consent of the sole custodian. By contrast, the parent with sole custody has the right to move abroad with the child without the consent of the other parent.

Finding an amicable solution between the parents would be in the best interest of the child. A parent of a child shall notify the other parent of his or her intention to move, if the move would have an impact on the realisation of child custody or right of access. If the custody of a child has been awarded to some other person than a parent of the child, this person shall, under the same conditions, notify the parents if he or she intends to move and the parents shall notify this person if they intend to move.

If the child has been taken into care, the right to decide on the child’s habitual residence will be transferred to the social welfare services during the period the child is in care (Child Welfare Act 417/2007). Social services may require for the child to be returned if the child has been taken abroad without the permission of the social welfare authority.

Concept of habitual residence

A key objective of the regulations concerning child abduction is to quickly return the child to his or her country of habitual residence. Returning the child to the country of habitual residence ensures that matters concerning the child’s custody can be resolved in the state where the child habitually resides. The exact content of the concept of habitual residence is not defined under Finland’s legislation, international treaties or EU legislation.

However, the term habitual residence has been used consistently to refer to the place where the child actually lives and which it the child’s main living environment. The child’s habitual residence is assessed on a factual basis. Particularly crucial issues include objective facts that can be perceived externally, such as the duration and continuity of residence, the child’s family and other social ties, the child’s language skills and the place of school attendance. Subjective factors, such as the purpose of residence, may also be relevant when determining the child’s habitual residence. The child’s actual habitual residence may not be the same as his or her registered place of residence.

Consent

The removal or retention of a child shall not be deemed wrongful, if the parent demanding for the child to be returned has consented to the procedure or acquiesced in it either explicitly or implicitly.

Explicit consent may be, for example, a written or oral permission to move the child abroad. By contrast, implicit consent may be based on the person’s actions or behaviour. Retrospective consent may also involve the injured party remaining passive.

International conventions binding on Finland and applicable legislation

International conventions and EU legislation

The Hague Child Abduction Convention is the main convention applicable to international child abduction (Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention, SopS 57/1994).

There are currently around 100 Contracting Parties to the Hague Abduction Convention. It has been joined by nearly all European countries as well as countries such as Russia, Japan, Morocco, the United States and Thailand. An updated list of the Contracting States and other useful information is available on the Convention on the Civil Aspects of International Child Abduction website.

Provisions specifying and complementing the Hague Child Abduction Convention are included in the so-called Brussels II b Regulation, a regulation on conflict of law issues in family law between EU member states (Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)). All EU member states are party to the Hague Child Abduction Convention and the Hague Child Abduction Agreement is applied between the member states as complemented by the Brussels IIb Regulation.

The main objective of the regulative measures introduced under the Brussels IIba Regulation is to limit the possibility of refusal to return a child, to accelerate the speed of the procedure, and to ensure that the child’s custody case is handled in the country where the child habitually resides. In the Regulation, efforts have also been made to improve the efficiency of the procedure related to child abductions in different ways, for example by setting deadlines. The text of the Regulation and the practical handbook on its application can be found in the European e-Justice Portal.

The recognition and enforcement of decisions concerning custody of children and the restoration of custody of children is also governed by the European Convention, i.e. the Luxembourg Convention (SopS 56/1994).

National legislation

National provisions on international questions concerning child custody and right of access are contained by chapters 4, 6 and 7 of the Act on Child Custody and Right of Access (361/1983). They concern international jurisdiction and applicable law in cases concerning custody or right of access, and the recognition and enforceability of foreign decisions on custody or access. Chapter 5 of the Act lays down provisions on the return of a child under the Hague Convention.

The Consular Services Act (498/1999) contains provisions on the measures taken by the Ministry for Foreign Affairs and Finnish missions abroad in situations where the child has been taken to a state not covered by the Hague Convention.

Other legislation related to child abductions

• Act on the application of the Council Regulation concerning jurisdiction, the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility and the child abduction (454/2022)
• Act on the Enforcement of Decisions on Child Custody and Right of Access (619/1996)
• Child Welfare Act (417/2007)
• Passport Act (671/2006)
• Act on Restraining Orders (898/1998)
• Criminal Code of Finland (39/1889)

The Acts and con­ven­tions are avail­able at the Fin­lex data bank.

Child abducted to a Contracting State to the Hague Convention

Ministry of Justice as Central Authority

The Hague Child Abduction Convention has been used to establish a central authority system to facilitate cooperation in the procedures involving the return of children. The tasks of a Central Authority include providing advice on the application of the Hague Convention and the submission of an application for the return of the child as well as contacting the foreign Central Authority. The Ministry of Justice acts as the Central Authority in Finland under the Hague Child Abduction Convention.

It should be noted that Finland’s Central Authority does not act as the applicant’s legal representative and may not perform tasks of a legal advocate. The Central Authority will usually investigate whether free legal assistance related to the case concerning the return of the child is available in the State of destination. The Central Authority may, upon request, forward the contact details of local lawyers to the applicant.

Submitting an application for the return of a child

If the child has been taken to a Contracting State to the Hague Convention, the parent may contact the Ministry of Justice. The ministry will send the parent an application form for the return of the child and provide instructions on filling out the application as necessary. The parent must carefully fill out the form and include at least the following information:

• a claim for the return of the child
• the child’s personal data
• the personal data of the applicant and the parent or other person who has wrongfully taken the child abroad
• the legal grounds on which the applicant’s claim for the return of the child is based; a report on the child’s custody and its violation, and residence in Finland
• a detailed description of the situation in which the child has been removed or retained
• information relating to the child’s whereabouts
• the application should be supplemented by a custody decision, a certificate of the child’s day care place or school attendance, an authorisation granted to the Central Authority, and photographs of the child and the parent.

According to the Central Authority’s experience, it is useful if the parent is assisted by a lawyer familiar with international family law. The lawyer may assist the parent in drawing up the application and represent the parent as the process progresses. This will also make the communications with a possible foreign lawyer run smoother.

Processing a case concerning the return of a child

Once the application has been received by the Ministry of Justice, the person handling the case checks that the application contains all the necessary information and appendices. If necessary, a translation of the documents is acquired. Subsequently, the application is sent to the Central Authority in the State of destination.

After receiving the application, the Central Authority in the State of destination will, as a rule, first determine whether there is a possibility of the voluntary return of the child. If there is no possibility for the voluntary return of the child or the applicant does not wish to investigate this, the applicant’s claim may be submitted to a court in the State of destination to decide. The court will issue a decision on the removal or retention of the child. More detailed procedures, enforcement of the decision and, for example, the possible need for a lawyer in foreign judicial proceedings depend on the legislation in the State of destination.

There are considerable differences in the procedure and duration of cases on the return of a child in different countries. It is not possible to specify in advance how much time is required for processing an application. At its fastest, solving the case may take a few weeks, but the process may extend to several years – especially in chases in which the decision is appealed to a higher court. Coming to a conciliatory solution with the other parent speeds up the processing of the case.

According to the Hague Convention, the court of the state to which the child has been abducted may not give a final decision on the child’s custody until the claim for the return of the child has been settled. If, during the procedure, it becomes apparent that the parent who has removed the child has initiated a custody trial in the State of destination, the applicant parent may notify the Central Authority of Finland, which will forward this information to the Central Authority of the State of destination. The Central Authority of the State of destination may inform the court handling the custody case of the pending procedure for the return of the child.

The decision on the return of the child does not contain a decision on the child’s custody, i.e. the decision does not state which of the parents will be the child’s future custodian. After the return of the child, the custody trial is conducted in the state of the child’s habitual residence, if necessary. The court in the state of habitual residence is considered to have the best prerequisites for establishing the best interests of the child.

Child abducted to non-Hague Convention State

Duties of the Ministry for Foreign Affairs under the Consular Services Act

If the child has been taken to a state not covered by the Hague Child Abduction Convention, the Ministry for Foreign Affairs will assist in investigating the child abduction. Provisions on measures taken by the Ministry for Foreign Affairs and Finnish missions in cases of child abduction are laid down in sections 31 and 32 of the Consular Services Act.

The procedures laid down in the Convention for the return of the child do not apply to non-Hague Convention States. Therefore, the national legislation of the State of destination determines whether an authority may order the return of the child and, if so, under what conditions. As a result, the Ministry for Foreign Affairs has considerably more limited prerequisites for assisting in the return of the child. The return of the child depends largely on the ability and willingness to cooperate between the parent who removed the child and the local authorities.

An amicable solution is always the fastest and most secure way to ensure the return of the child. According to the Consular Services Act, the mission must explicitly strive to promote the voluntary return of the child and the accomplishment of an amicable solution. Other measures will primarily be taken by the mission through the local authorities by submitting a request for executive assistance, usually to the local ministry for foreign affairs.

If the child is also or solely a citizen of the state to which he or she is abducted, the opportunities for obtaining executive assistance for the return of the child may be significantly restricted. This may also be the case if either or both parents are citizens of the state concerned.

Depending on the case, the Ministry for Foreign Affairs and Finnish missions may provide assistance by:

• as far as possible, providing assistance in determining the whereabouts of the child, if there is knowledge of the alleged location of the child in the foreign country or the contact details of persons who might have additional information about the child
• contacting the parent who has removed the child and determining whether the parent would be prepared to consider a return to Finland on a voluntary basis
• identifying local lawyers who could assist in starting legal proceedings
• assisting in obtaining general information on the legislation of the State of destination.
• assisting in communication between the parties
• forwarding information and documents on the return of the child to the authorities and the person requesting the return of the child
• assisting in the organisation of the child’s repatriation.

The Ministry for Foreign Affairs and missions cannot

• provide assistance in abducting the child back
• serve as the applicant’s legal advocate
• influence the trial before a local court or the outcome of a court decision
• act in contradiction to the laws and regulations of the country concerned.

In order to initiate the proceedings, the parent must contact the Ministry for Foreign Affairs either personally or through a lawyer and submit the application on the return of the child to the ministry. More detailed advice for preparing the application can be obtained from the Ministry for Foreign Affairs.

Child custody proceedings in a foreign country

The laws of the State of destination may determine the custody of a child differently than those of Finland. A decision on the custody of a child issued in Finland may also remain meaningless in the country of destination, as the validity and enforceability of a Finnish custody decision will always depend on the legislation of the State of destination in non-Hague Convention States. In addition, local authorities are not always willing to intervene in child abductions, which may be due to differences in legislation or different family, cultural and religious concepts. If an amicable solution on the return of the child is not possible, initiating legal proceedings in the country to which the child was abducted may be the only viable way for returning the child to the Contracting State.

The Ministry for Foreign Affairs, a Finnish mission or a member of their staff cannot act as a representative or legal counsel for the parent; instead, the parent needs to hire a local lawyer to assist in the legal process. The processes may be very time-consuming. These also involve each state’s enforcement procedure and enforcement authority, which may be an authority other than a court. Ultimately, what the measures result in depends on the state’s legislation and the procedures of its authorities.

Costs in a child abduction case

Different costs may be incurred to the parent in situations where a child has been wrongfully removed to, or retained in, a foreign country. The Central Authority’s services are always free of charge. Finland’s Central Authority is also responsible for the costs resulting from translating the application for the return of the child and the necessary appendices.

If the application is sent to another Hague Convention Contracting State, information may be obtained through the Central Authority of that State as to whether the applicant needs a counsel for a possible trial and whether the applicant can obtain legal aid from that State. In some States, it is up to the Central Authority to bring the case before the court.

The granting of legal aid in the State of destination depends not only on the applicant’s income and wealth, but also on the legislation of the State concerned. It should be noted that there is no legal aid system in all countries, or legal aid may not be granted to a foreign applicant.

The ordinary legal aid granted in Finland covers only general legal advice in cases pending abroad. This includes, for example, submitting the application on the return of a child and assisting in applying for legal aid from the State of destination. This advice does not include other measures taken in a foreign country, such as assistance in court proceedings. For more information on legal aid, see the Oikeuspalveluvirasto.fi website.

If it is not possible to obtain legal aid in the State of destination, the Ministry of Justice may, under the Legal Aid Act (257/2002), decide on the granting of legal aid in a case considered abroad more extensive than legal advice if it is considered that there are particularly weighty reasons for this. Each application is processed on a case-by-case basis. The parent may ask the Ministry of Justice for more detailed instructions on applying for legal aid.

In addition to possible costs from judicial proceedings and the employment of a legal advocate, other costs may also be incurred to the parent. Such costs may include, for instance, travel and accommodation costs incurred by the parent, for example, in attending a foreign court hearing or picking up the child after the issue of a return decision. While these kinds of travel costs caused to parents are not automatically reimbursed, the applicant parent may separately demand that the other party be obliged to reimburse the applicant for travel expenses and other costs arising from retrieving the child.

Prevention of child abduction cases

Clarifying the child custody situation and meetings

Agreement or court decision on child custody

Clarifying the child custody situation can prevent child abductions. The parents can draw up an agreement on child custody, housing and right of access with the assistance of a municipal child welfare officer. A family counselling centre or family mediation service may also help parents in finding an amicable solution. The agreement between the parents is confirmed by the social welfare board of the child’s municipality of residence. If an agreement between the parents is not possible, the court will decide on the child’s custody, housing and right of access based on a parent’s application.

Court mediation in custody disputes is also an alternative to court proceedings. The mediation can concern parental disputes regarding child custody, housing, right of access and maintenance. The aim of mediation is to achieve a sustainable agreement between the parents that is in the best interest of the child. A confirmed agreement is comparable to a court decision.

Supervised meetings

Supervised meetings can serve as a preventive factor in situations where one of the parents has fears of child abduction. The parents may agree, or the court may order, that the meetings between the child and the parent must be supervised. If the court or social welfare board confirms that the meetings must be supervised, the municipality is obliged to organise the supervision for the meetings between the child and the parent. Child welfare may provide support in making an agreement on supervised meetings for a fixed period.

Interim order on child custody and living arrangements

A parent may, if he or she so wishes, submit an application to the court to obtain a temporary order on the child’s habitual residence and custody to prevent that the child will be wrongfully removed from the country. Once the case has been instituted, the court may, at the request of the parent, issue a temporary order on who the child must reside with. A court may, for a special reason, issue an order determining to whom the custody of the child is awarded until a final decision is made on the case. An interim order may be immediately enforced.

Precautionary measures

If there is justified reason to assume that the other parent intends to wrongfully remove the child from the country, the custodian may request taking interim precautionary measures. Due to different situations, the precautionary measures are based on various provisions and may vary in type.

Very urgent cases

If one of the parents has sole custody of the child, or the child is in joint custody, and the other parent has justified reason to suspect that the other parent intends to wrongfully remove the child from the country, in very urgent cases, the parent may contact an enforcement officer or the police authority, which may immediately take possession of the child to prevent the removal of the child from the country. Joint custody may be based on marriage, or a court decision or a confirmed agreement.

In these cases, the precautionary measure may be based on section 48a of the Act on Child Custody and Right of Access or section 25 (2) of the Act on the Enforcement of Decisions on Child Custody and Right of Access, depending on the custody situation.

Section 48a of the Act on Child Custody and Right of Access is applicable in urgent cases when:

• the parents have joint custody based on the Act, i.e. there is no decision or agreement on custody; or
• a decision on joint custody has been enforced and the parent with whom the child has not been ordered to reside wishes to prevent child abduction.
• The request is made to an enforcement official or police authority.
• Section 25 (2) of the Act on the Enforcement of Decisions on Child Custody and Right of Access is applicable in urgent cases when:
• a decision on custody has been issued and the enforcement process pursuant to the decision is pending; or
• a decision on custody has been issued, but the enforcement process is not yet pending.

The applicant may be either a single parent or the joint custodian with whom the child has been ordered to reside. The request is made to the enforcement officer or the police.

Urgent cases

If enforcement proceedings are pending for the child’s custody, the request for precautionary measures may be submitted in less urgent cases to the court processing the enforcement case. For example, the court may order the social welfare authorities to temporarily place the child outside the home until the situation is solved.

Section 25 (1) of the Act on the Enforcement of Decisions on Child Custody and Right of Access will apply in these cases.

Section 25 (1) of the Act on the Enforcement of Decisions on Child Custody and Right of Access is applicable when a decision on custody has been issued or the agreement has been confirmed and an enforcement process pursuant to it is pending.

• The application is submitted to the court processing the enforcement case.
• The applicant may be either a single parent or the joint custodian with whom the child has been ordered to reside.

Other measures

Child welfare measures

When there is imminent threat of child abduction, the emergency placement of a child in accordance with the Child Welfare Act (417/2007) may be a preventive measure suitable to the extreme situation. Under section 38 of the Child Welfare Act, if a child is in immediate danger for a reason referred to in section 40 of the Act, the child may be placed with urgency, and the care and custody of the child may be arranged as substitute care

Child welfare authorities may take action on the basis of a child welfare notification filed by the child’s parent or, for example, on a notification filed by the Border Guard or the police.

An urgent placement of a child can be made the social welfare authorities of the child’s municipality of residence or domicile. Particularly in situations in which a child under a threat of abduction has been taken outside his or her municipality of residence and is travelling, for example, to a port, airport or border crossing point or has already arrived there, it may be necessary tor the social welfare authorities of the child’s municipality of residence to take urgent measures.

If an abduction has already taken place, the social welfare authorities of the municipality which was the child’s most recent municipality of residence in Finland have competence and an obligation to act in child welfare situations.

There may be grounds for an urgent placement in a situation where child abduction is already known to have occurred and there are reasonable grounds to assess that the child’s circumstances seriously endanger his or her health or development. Examples include situations where the parent who has abducted the child, or the child or young person who has been abducted is has a mental illness or a severe substance abuse problem. Other reasons may also serve as reasonable grounds to suspect that the parent who abducted the child is unable to provide the child with sufficient care, upbringing and wellbeing.

It is also possible that the child may otherwise be considered to have been subjected to conditions that seriously endanger his or her health and development. For example, these may be jeopardised in the case of a young child as a result of suddenly taking the child to an environment whose language and culture the child in unfamiliar with or where the child is completely separated from his or her primary carer.

For more information about the emergency placement of the child, see the Handbook for child protection maintained by the Finnish Institute for Health and Welfare (in Finnish or Swedish).

Provisions on the conditions for taking a child into care are laid down in section 40 of the Child Welfare Act. Under the Act, children must be taken into care and substitute care must be provided for them by the municipal body responsible for social services if the children’s health or development is seriously endangered by lack of care or other circumstances in which they are being brought up; or they seriously endanger their health or development by abuse of intoxicants, by committing an illegal act other than a minor offence or by any other comparable behaviour.

Taking a child into care and provision of substitute care may, however, only be resorted to if the open care measures would not be suitable or possible for providing care in the interests of the child concerned or if the measures have proved to be insufficient. Substitute care must also be estimated to be in the child’s best interests.

If the custodian or a child of 12 years of age or more does not oppose the taking into care, decisions on taking the child into care are made by the municipal officeholder directing social welfare services or the municipal officeholder designated by him or her with competence as a social worker. If the child’s custodian or a child of 12 years of age or more opposes the taking into care, the case is decided by an administrative court. Persons in charge of the care and upbringing of the child during or immediately before the preparation of the case are also considered parties concerned who are therefore heard in the case. For more information about taking a child into care, see the Handbook for child protection maintained by the Finnish Institute for Health and Welfare (in Finnish or Swedish).

Decisions concerning taking a child into care and the emergency placement of a child may be implemented immediately regardless of appeals if the implementation cannot be postponed without endangering the child’s health or development and an authority or a court has ordered the decision to be implemented promptly.

Based on an emergency placement or a care decision, the social welfare authorities are entitled to executive assistance in Finland from authorities such as the police and border control authorities. As a rule, executive assistance must be requested in writing.

After an emergency placement or when a child has been taken into care, the authority responsible for social welfare has the right, to the extent necessary for implementing the purpose of the emergency placement or taking the child into care, to decide on the child’s whereabouts and care, upbringing, supervision and other care and the instruction and health care necessary for the provision of these.

Under section 49 of the Child Welfare Act, the substitute care of a child subject to an emergency placement or taken into care may be arranged in the form or family care, institutional care or in some other way required by the child’s needs. According to the provision, a child that has been taken into care may be placed temporarily for a maximum period of six months under the care and upbringing of a parent or other custodian when the child’s return home is being prepared after placement away from home or when it is otherwise justified in terms of the child’s interests.

Decisions pursuant to the Child Welfare Act concerning the care, whereabouts and contacts of a child who has been subject to an emergency placement or taken into care are, as a rule, a priority in relation to decisions issued by general courts on the child’s custody, residence and right of access, or enforced agreements concerning these. Only a decision of the Court of Appeal or the Supreme Court based on the Hague Convention on the return of a child may be enforced irrespective of taking the child into care.

Restraining order

The purpose of the restraining order is to provide security in advance for a person who is at risk of becoming a victim of an offence against life, health or liberty. A restraining order may be imposed, if there are reasonable grounds to assume that the person against whom the order is imposed is likely to commit an offence against the life, health, liberty of the protected person or in some other way severely harass this person. There are two types of restraining orders. A person on whom a basic restraining order has been imposed may not meet the person being protected or otherwise contact this person. An extended restraining order refers to a prohibition on spending time in a certain area, for example in the vicinity of the residence of the person being protected.

Imposition of a restraining order may be applied for by anyone who feels threatened or harassed. A restraining order is imposed by a district court. Restraining orders are entered into the personal data register of the police and the police supervise compliance with the orders. A breach of a restraining order is punishable by a fine or imprisonment.

A restraining order may also apply to situations where there is a threat of a child abduction. A restraining order may also be used to protect a child. In practice, this involves imposing a restraining order on one of the child’s parents to prevent the parent from approaching the child.

Issue and cancellation of passports

Under the Passports Act (671/2006), granting a passport to a minor requires the custodians’ consent.

According to the Passport Act, the police may cancel a Finnish passport issued to a child if the custodian has withdrawn his or her consent to issuing the passport. However, the competence of the police in passport issues only extends to Finnish passports. Therefore, cancelling a child’s Finnish passport may not be an effective means of preventing a child abduction, if the child also has the nationality of another country and holds the passport of another country.

The dual citizenship of a child may come as a surprise to the parent requesting the return of the child if it has not been registered in the Finland’s population information system. In many countries, a child is automatically given the citizenship of his or her parent at birth. If the child has dual citizenship, the parent may, if he or she so wishes, contact the embassy of the host country in Finland to determine whether the other parent may obtain the passport of his or her homeland or country of origin for the child without the consent of the other parent. The parent may also submit to the embassy a report on his or her status as the child’s custodian and inform the embassy that he or she opposes the issue of a passport for the child.

If the child already has a passport, the parent may give the child’s passport into the possession of the local enforcement officer in accordance with the Act on the Enforcement of Decisions on Child Custody and Right of Access as a precautionary measure against child abduction. A court may oblige the applicant in a matter concerning enforcement of a decision on right of access to give his or her own and the child’s valid passport into the possession of the local enforcement officer for the duration of the meeting.

Abducted Children Finland NGO’s support for parents

Abducted Children Finland NGO is a national organisation that is apolitical and irreligious by definition. It supports families who have experienced child abduction or a threat thereof. The organisation also provides training and information about child abduction issues.

The organisation’s activities have the following aims:

• Returning abducted children soon to their country of habitual residence.
• Enabling the parents to arrive at an amicable solution regarding the child’s country of residence, custody and right of access.
• Identifying the threat of child abduction.
• Providing families living in these situations with support and advice.

After contacting the organisation, a parent or a loved one can be provided with a designated peer support person or participate in a peer support group that also operates online. The whole family can participate in events organised by the organisation, which also include activities for children and young people.

A parent, a loved one, an authority working with the family or some other party can contact the organisation. All contacts are confidential.

For more information about the activities, support, objectives and principles of Abducted Children Finland NGO, see the Abducted Children Finland NGO website. You can also follow the organisation on social media.

Determining the child’s circumstances

Child abduction situations may sometimes also involve serious concerns about the child’s wellbeing. In this case, the parent can contact the child welfare services of the child’s home municipality, which may take the measures it deems necessary to safeguard the child’s wellbeing based on the Child Welfare Act. These measures may include a request for executive assistance to investigate the circumstances of a child in another Contracting State or the disclosure of information on a pending matter or a decision concerning the child.

As the central authority of Finland, the Ministry of Justice can transmit requests from the social services either on the basis of the Brussels IIb Regulation, the 1996 Hague Convention on parental responsibility and protection of children (Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children SopS 9/2011) or, in some cases, also on the basis of the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Recognition and enforcement of decisions on child custody and right of access

The recognition of a decision means that the decision is given the same legal effects in another state as a corresponding domestic decision. Meanwhile, the concrete enfoy requires that the decision is first confirmed as enforceable in the State of destination, i.e. it is authorised for enforcement (exequatur). The enforcement of a decision on child custody or right of access in a foreign state requires relevant regulation in an international convention or in national law.

If there is a court decision on the custody and residence of a child and the child has been taken abroad in violation of the decision or has not been returned from the country, the child’s custodian may apply for the enforcement of this decision on child custody, provided that the state concerned recognises and enforces foreign custody decisions. This is an alternative procedure for the procedure for the return of a child under the Hague Child Abduction Agreement.

Finnish decisions abroad

Whether a decision issued in Finland is recognised and enforced abroad depends on the foreign country in question.

Between the EU Member States, decisions are recognised without any special procedure.

An enforceable decision issued in Finland may, as a rule, be enforced also in another EU country. The provisions governing the procedures are laid down in the Brussels IIb Regulation or in the Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000) depending on when the case became pending. If the case became pending after 1 August 2022, the Brussels IIb Regulation applies.

In the above-mentioned Regulations, the concept of a judgment must be understood broadly. Consequently, a court decision on child custody, a custody agreement confirmed by a competent social welfare authority, and a care decision issued in Finland are also directly applicable in other EU Member States.

The recognition and enforcement of decisions between the Nordic countries has been made easier. The recognition and enforcement of decisions made in other Nordic countries is usually possible without separate confirmation. Decisions are also recognised without a separate procedure between the States covered by the Hague Convention on the Protection of the Child. However, the enforcement of the decision requires an enforcement permit from the other state, i.e. an exequatur.

If the State of destination is not party to any convention, the recognition and enforcement of the decision will depend on the national law of that State. In some situations, the processing of the case abroad requires the initiation of new judicial proceedings.

In Finland, the tasks of the Central Authority do not include assisting applicants in the procedures concerning the recognition and enforcement of Finnish decisions abroad.

Foreign decisions in Finland

As a rule, foreign custody and right of access decisions are recognised in Finland without a separate measure. Decisions issued in other Nordic countries can also be enforced in Finland without separate confirmation.

Between the EU Member States, decisions are recognised without any special procedure. An enforceable decision issued in another EU Member State may, as a rule, be enforced in Finland. The provisions governing the precedures are laid down in the Brussels IIb Regulation or in the Brussels IIa Regulation depending on when the case became pending. If the case became pending after 1 August 2022, the Brussels IIb Regulation applies.

There are arrangements in place to facilitate the recognition and enforcement of decisions between the Nordic countries, and usually the recognition and enforcement are possible without any separate declaration of enforceability.

Decisions issued in the Contracting States of the Hague Convention on Protection of Children are recognised in Finland without any special procedure. The enforcement of such a decision in Finland requires an exequatur. Helsinki District Court is responsible for dealing with these exequatur matters.

If a decision has been issued in a country that is not a party to any international agreement, the enforcement of a decision in Finland requires that Helsinki District Court first declare the decision enforceable.

In Finland, the Central Authority’s tasks do not include assisting applicants in the recognition and enforcement procedures for foreign decisions. The Central Authority does not forward applications to the District Court. When initiating an application, the applicant shall, if necessary, contact a legal aid office or a lawyer for legal advice.

Child abduction as an offence and police measures

Sometimes it is unclear to which country a child has been taken or what the child’s exact whereabouts are. In this case, the parent can contact the police of the child’s home municipality and file a missing person’s report on the child. The local police may issue an alert for a missing person in the Schengen Information System (SIS) or to Interpol through the National Bureau of Investigation.

The police may also issue an alert for detention in the Schengen Information System, which provides the authorities encountering the child with better conditions for intervening in the situation than a regular missing person report, and the child can be detained by the competent authority at the place where the child is encountered. In a situation where the child’s whereabouts are unknown, the police usually have the best prerequisites for investigating the case.

As a result of a reform of the provisions concerning the Schengen Information System, a new preliminary alert for a child under the threat of abduction will also be made available to the authorities. In the future, a preliminary alert may be entered in SIS if there is a concrete and obvious risk that a child may be wrongfully removed from a Member State. By 28 December 2021, the Commission shall adopt a decision laying down the date for the start of operation of the SIS in accordance with each Regulation.

Alongside the return procedure under civil law, the parent can file a report on child abduction to the police, in which case the case is processed as a criminal procedure by the police and the prosecutor. In Finland, a person who has abducted a child may be guilty of an offence against personal liberty as laid down in the Criminal Code of Finland. In this case, the case is mainly concerned with Chapter 25, section 5a of the Criminal Code concerning child abduction. A criminal offence may result in a fine or a maximum of two years’ imprisonment. The person who abducted the child may also be guilty of other, more serious offences against personal liberty, such as deprivation of personal liberty, aggravated deprivation of personal liberty and hostage taking.

It is also important to remember that child abduction is not always an offence abroad, even though it is considered an offence in Finland. Criminal proceedings only concern the parent who abducted the child and do not automatically lead to the return of the child.

Before submitting a report of an offence, it is advisable to consider the advantages and possible disadvantages of filing a report of an offence from the perspective of the child’s return process and discuss the matter with a lawyer. Initiating criminal proceedings may hinder the voluntary return of the parent and the child, as the process is prone to impair the already strained relationship between the parents. In some situations, such as when there is no information on the child’s whereabouts, initiating criminal proceedings may be vital and promote finding the child.

Child abduction from abroad to Finland

If a child has been wrongfully brought to Finland from another Contracting State of the Hague Child Abduction Convention, the parent may submit the application to the Central Authority of the State of the child’s habitual residence, which will forward it to Finland’s Central Authority. For the contact information of the Central Authorities in different countries, see the Hague Conference on Private International Law website. Alternatively, the parent may also directly contact Finland’s Ministry of Justice. The parent may also submit the application for the return of the child directly to the competent court. Contacting the Central Authority is therefore not mandatory.

According to section 35 of the Act on Child Custody and Right of Access, state social welfare authorities, the municipal social welfare authorities and the police shall, upon request, provide the Ministry of Justice with executive assistance for establishing the whereabouts of a child and his or her circumstances.

After receiving the application, the Ministry of Justice will assist the applicant in finding an advocate with knowledge of child abduction matters. The task of the advocate is to, first, determine whether an amicable solution is possible. If this is not feasible, the advocate may initiate proceedings on the case concerning the return of the child in the Helsinki Court of Appeal. In Finland, the Helsinki Court of Appeal processes all applications for the return of a child in accordance with the Hague Convention as the first instance. The child abduction case is handled as an urgent matter by the Helsinki Court of Appeal. The advocate and judicial proceedings are free of charge to the applicant requesting the return of a child. The court’s decision on the return of the child is immediately enforceable even if the decision has not become legally valid. The court will send the return decision to the competent enforcement officer and urges the officer to ensure the enforcement as a matter of urgency.

Contact information for authorities and organisations