Comment agir en cas d’enlèvement international d’enfants ?
Un enfant est enlevé par un parent dans un autre Etat que celui de la résidence habituelle de l’enfant. Que peut faire et que doit faire l’autre parent ? Il doit en toute hypothèse agir vite en conformité avec les textes qui sont applicables en la matière et qui concernent tant la compétence des juridictions que la loi applicable. A titre essentiel, il est renvoyé à la Convention de La Haye du 25 octobre 1980 sur les aspects civils de l’enlèvement international d’enfants, et au Règlement (CE) n° 2201/2003 du Conseil du 27 novembre 2003 relatif à la compétence, la reconnaissance et l’exécution des décisions en matière matrimoniale et en matière de responsabilité parentale abrogeant le règlement (CE) n° 1347/2000.
L’enlèvement n’est illicite que si le déplacement de l’enfant a eu lieu en violation des droits d’autorité parentale de l’autre parent. Un déplacement donné avec le consentement de l’autre parent ne sera donc pas illicite. Le parent qui s’oppose au déplacement et qui veut demander son retour devra donc veiller à ne manifester d’aucune manière un acquiescement du déplacement.
Il convient par ailleurs de procéder à des démarches judiciaires et administratives le plus rapidement possible. Saisir le juge français au plus vite pour qu’il se prononce sur les modalités d’exercice d’autorité parentale constitue une démarche nécessaire.
Mais il faut surtout demander le retour de l’enfant immédiatement en passant par une autorité centrale qui peut être celle du pays où l’enfant a été déplacé ou celle du pays où il avait sa résidence habituelle avant le déplacement. Il ne faut en aucune manière laisser s’écouler plus d’un an à compter du déplacement pour entreprendre de telles démarches. Par ailleurs, les enjeux sont tels et les dossiers si compliqués qu’il ne peut qu’être conseillé de s’informer auprès d’un avocat spécialiste de droit international privé familial.
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