Artur KuznetsovInternational Lawyer
International Family Law

A child taken abroad or not returned: what to do in the first 48 hours

Article4 min read

A step-by-step checklist for a parent: which facts to record, which documents to gather, how to prevent a child's departure from Russia, and how to start a return under the 1980 Hague Convention.

Contents
  1. Right away: record what happened
  2. Gather documents
  3. If the child is still in Russia
  4. If the child is already abroad
  5. What not to do
  6. When to contact a lawyer
  7. Questions and answers

In brief

First record the facts and keep the correspondence — especially about consent to the trip and the agreed return date.

If the child is still in Russia and you fear removal, you can register your objection to the child leaving the country: the departure question then goes to court.

If the child is already abroad, check quickly whether the 1980 Hague Convention operates between Russia and that country: within the first year the other side has fewer arguments against return.

First step
record the facts and keep the correspondence
Key time limit
1 year from the removal or retention (Art. 12 of the Convention)
Central Authority in Russia
Ministry of Education of the Russian Federation

This checklist is for a parent whose child has been taken abroad by the other parent or a relative, or not returned after a trip. The first days matter: they shape the evidence, the choice of legal mechanism and the time limits.

This material is for information only and is not individual legal advice.

Right away: record what happened

Write down when and from where the child was taken, by whom, where the child may have gone (country, city, address), the flight number or border crossing, and when you last spoke with the child.

Keep the correspondence: messages about the trip, about consent or objection to it, about the return date. Delete or edit nothing — take dated screenshots and export the chats in full.

If the child's life or health is at risk, contact the police immediately.

Gather documents

The child's birth certificate, copies of the child's passports (Russian and foreign, if any) and citizenship documents.

Evidence of where the child habitually lived before the removal: registration, lease or title documents, kindergarten or school certificates, medical records, clubs and activities.

Court decisions and agreements about the child (residence, contact, maintenance), notarised travel consents — with the dates and the country.

Evidence of your involvement in the child's life: correspondence, photos, payments. For use abroad, documents usually need a translation and an apostille or legalization.

If the child is still in Russia

If you fear removal, you can file a statement objecting to the child's departure from the Russian Federation. It is filed in person with the migration unit of the Ministry of Internal Affairs, with a border control authority, or — if you live abroad — with a Russian consulate. The question of the child's departure is then decided by a court (Article 21 of the Federal Law on Exit from and Entry into the Russian Federation).

If a Hague Convention return case is already before a Russian court, the judge may prohibit changing the child's place of presence and temporarily restrict the child's departure from Russia (Article 244.13 of the Code of Civil Procedure).

If the child is already abroad

Establish which country the child is in and check whether it is a party to the 1980 Hague Convention and whether the Convention operates between it and Russia. This decides whether the Convention return mechanism is available or other tools are needed.

If the Convention applies, the return application can be sent through a Central Authority (in Russia, the Ministry of Education) or filed directly with a court of the country where the child is.

Timing matters: if less than one year has passed since the wrongful removal or retention, the court must order the child's return forthwith, save for the exceptions in the Convention. Later, the other side may argue that the child is now settled in the new environment (Article 12 of the Convention).

If, on the contrary, the child was brought to Russia from another country, the application is heard by one of eight designated courts — see the overview "8 Russian courts for child return cases".

What not to do

Do not try to take the child back yourself: in another country this may be treated as a new wrongful removal and damage your position in court.

Do not post accusations or the child's personal details on social media — the other side may use them.

Do not sign agreements about the child or give travel consents without a legal review.

Do not wait: evidence is lost and the Convention time limits keep running.

When to contact a lawyer

As soon as you learn of the removal or that the child will not be returned. A lawyer can help choose the mechanism and the country of filing, prepare the application and evidence, and coordinate with foreign counsel where needed.

Every case is individual and no outcome is guaranteed: everything depends strictly on the situation and the materials provided.

Questions and answers

How long do I have to apply for the child's return?

The Convention sets no strict filing deadline, but if less than one year has passed since the removal or retention, the court must order return forthwith (save for the Convention's exceptions). After a year the other side may argue that the child is settled, so act as early as possible.

Can I stop a child from being taken out of Russia in advance?

Yes. A parent can file a statement objecting to the child's departure from Russia; the departure question then goes to court. If a Convention case is already in court, the judge may temporarily restrict the child's departure.

What if the country is not a party to the Hague Convention?

Then the Convention return mechanism is not available. Other tools are used: residence disputes, recognition of Russian decisions abroad, negotiation and mediation. The choice depends on the country and the circumstances.

Sources

Related materials

Author

Artur Kuznetsov

Attorney with international family, inheritance and litigation practice. This material is not individual legal advice.

About the office

Next step

Review the documents, deadlines, jurisdiction and a realistic legal position

A consultation helps you see the structure of the dispute and the available steps — without promising an outcome: everything depends strictly on the situation and the materials provided.

Or write directly — your first message will already say which page you came from:

Related materials

Continue reading