Child abduction in Bulgaria

After the increased mobility of EU citizen in Bulgaria and common marriages, cohabitations with foreigners increases the risk of child abduction case Bulgaria

Bulgaria is a small European country and thus probably for this reason does not have a high volume of cases under the Hague Convention.

Child abduction refers to the unauthorized displacement of a child by either parent, without the consent of the other parent or in violation of their established place of residence.

Occasionally, this involves the child being taken to a foreign land, which is then termed as international child abduction.

The ordeal often imposes a significant emotional toll on both the child and the left-behind parent.

The child, in particular, may suffer trauma due to the incident.

In response to such international custody disputes, Bulgaria, being a signatory state, has entered into several international conventions that outline the process for authorities and courts to expedite the child’s return.

Our law firm specializes in handling child abduction cases.

In such critical situations, we offer our expertise and years of experience to provide swift assistance.

Whether it pertains to family law or immigration law, our team of lawyers applies their comprehensive knowledge in all relevant legal domains to resolve your case effectively.

Definition of the child abduction 

The removal of the child will be unauthorised if either parent did not agree or the removal is not approved by the court.

Although the words “child abduction” are used in this guide as a general term for the unauthorised removal of a child as described above.

If the unauthorised removal of a child is within the Bulgaria, it is not a criminal offence.

This does not mean that you do not have any options to have your child returned to you, but they will be different compared to if your child is removed from the BULGARIA.

It is a criminal offence for a parent or guardian of a child under the age of 16 to take or send that child out of the UK without the consent of everyone with
parental responsibility for the child.

Our team of family lawyers act for parents whose children have been abducted and for parents who have removed their children without the necessary consent.

What is Child Abduction?

Child abduction is when a child is moved across an international border without the right consent in place. Child abduction can happen by:

• Wrongful Removal – when a child is removed from a country without the right permission
• Wrongful Retention – where a child is kept in another country in breach of an agreement or without consent.

In wrongful retention cases, it has usually been agreed that the child would travel, but isn’t returned home at the agreed time.

The other countries has more of a tradition in the field of international marital disputes.

Child abduction is a very traumatic experience for the both sides and for the kid.   There are legal procedures in place to ensure that the children were returned to their country of residence.

How long it will take will depend on the country concerned, the circumstances of the case and indeed whether the child can be traced.

The judges applied the return mechanism of the 1980 Child Abduction Convention in cases, where children were returned to the left-behind parent.

Legal support of case of abduction

It is important to establish as soon as possible what your parental rights are under the local law of the country to which your child has been taken.

You should obtain urgent legal advice about the laws and practice for the country concerned and the position regarding legal aid for legal costs.

If you appoint a child abduction lawyer the chances will be much higher then before.

This statement again concerns disputes relating to the unlawful detention or transfer of a child to a territory other than the country of habitual residence of the child.

Consideration of the issue is necessary due to the frequent cases in which parents living in different countries have a dispute over where and with whom the child should live.

At one point, usually due to a misunderstanding between the parents, one comes with the child to Bulgaria and refuses to return to the country where they all lived together before.

Bulgaria as a full member of EU is place for legal cases of international abduction of a child by a parent.

After the divorce or separation, one of the both parent decides to take the child to another country.

He dissatisfied with the court decision or in the hope that the court in his or her homeland will be more favorable to him or her.

Child Abduction procedures Bulgaria

Our experienced family law experts are well placed to help you in any of the following situations:

• Your child has been taken from one part of the Bulgaria to another by the other parent without your consent
• Your child is at risk of being – or already has been – taken overseas from the Bulgaria without your consent.

If your child is in Bulgaria, we can petition the courts on your behalf to have the child returned to your care.

We have decades of experience dealing with family law courts in Bulgaria, and will provide you with clear and detailed advice on your options.

According to the recommendations of the Permanent Bureau of the Hague Conference, states should promote legislation to reduce the risk of abduction.

Taking a child to another EU country without permission ?

Our law office is specialized in child abduction Proceedings in Bulgaria.

Our child abduction lawyers can help you if:

• You believe the other parent or a member of the family might be planning to take your child abroad without your consent
• Your child’s other parent or family member has already taken your child abroad without your consent
• Your child has not been bought home after an agreed visit abroad
• You have been accused of abducting your child or being threatened with child abduction proceedings

Services, we offer to the customors:

• Child abduction, Kidnapping of children;
• International Parental Child Abduction cases,
• Child Abduction in Bulgaria,
• Legal proceedings in Bulgaria for the child custody cases
• Legal proceedings in Hague Abduction Convention in Bulgaria,
• Child abduction case Bulgaria;
• Parental responsibility – child custody and contact rights;
• EU cross-border parental child abduction

The procedure of legal support by Child abduction case Bulgaria

Our family law experts can also help if you:

• Would like to arrange contact with your child who lives in another country and the other parent is not agreeable
• Wish to relocate to another country with your child or you wish to oppose the other parent’s plans to do so
• Have brought your child to Bulgaria from another country and the other parent objects.

Child abduction cases can be traumatic and often complex – especially when foreign laws must be considered. You need a team you can trust to work as quickly as possible to get the result you want.

For more help and advice, call us today on + 359 897 90 43 91 or  send us a mail office@lawyer-bulgaria.bg

How do EU rules help to prevent child abduction?

The court in the country where the child had his/her habitual residence before abduction will remain responsible for questions related to parental responsibility, such as custody and access rights, until the abduction case has been settled. This is to avoid parents abducting their child in the hope of getting a more favourable judgement before the court in their own country.

How can a parent get an abducted child back?

in all EU countries to assist parents who are victims of cross-border child abduction. It is possible to launch a procedure to return the child. In this case, the court needs to rule on the matter within six weeks from when the case reaches the court. The court should provide a child capable of forming his or her own views the opportunity to be heard during the proceedings.

Can the country where the child was abducted to refuse the return of the child ?

The court in the country where the child was abducted to can only object to the return of the child: if there was no wrongful removal or retention (Article 3 of the 1980 Hague Convention); if the left-behind parent was not actually exercising his/her rights of custody at the time of the abduction (Article 13(1)(a) of the 1980 Hague Convention); if there is a serious risk that the return would expose the child to physical or psychological harm (Article 13(1)(b) of the 1980 Hague Convention). However, the return cannot be prevented if adequate arrangements have been made to protect the child. If a court finds that the child should not be returned, it must contact the court in the country where the child was abducted from (Article 27(3) of the Brussels IIb Regulation).

Will the decision of the court be automatically enforceable?

The final ruling by the court in the country of origin is automatically recognised and enforceable in the other EU country without the need for a declaration of enforceability (“abolition of exequatur”), provided that the judge has issued a corresponding certificate provided for in the Brussels IIb Regulation