It’s a parent’s worst nightmare. Your child has been taken to a foreign country by one of the parents and it seems like there is little you can do to help. Often times when biological parents are at odds but no court order is in place granting either parent partial or full custody, one of the parents can legally take the child to Peru either under false pretenses promising to return with the child in a few weeks, or worse yet, they simply leave in a moment’s notice leaving no information for the left-behind parent on where they will be.
For the most part, in the United States, it is not against the law for one parent to take a child away from another if there are no court orders in place. However, the same is not always the case when children are taken to Peru without your authorization. Nevertheless, when a situation like this occurs, the main course of action is to take it to the Hague Convention on Civil Aspects of International Child Abduction. These are some of the steps you will need to consider in order to start the process of getting your child back home.
What to do if your child has been taken or is being retained in Peru:
Contact your resources in Peru (if any) to learn more details about your child’s whereabouts and ensure they are safe.
Talk to your child directly to make sure they are doing well. This is also a good opportunity to gather more details about their living situation without making it sound like a debriefing.
Record all phone conversations with your child and the abducting parent and save all text messages exchanged between parties well, this will be valuable in a court of law.
Contact the Central Authority in your home country and let them know you are the left-behind parent of a child who has been taken in Peru and immediately initiate the Hague application filing.
Contact an experienced lawyer thoroughly versed in International and Peruvian Law which is precisely what a case of this nature will demand. A traditional lawyer will not be able to advise you properly on the Civil Aspects of International Child Abduction in Peru lest they have tried and won these cases.
Contact your child as often as possible and keep close record of their status. Always know where they are and what family members they are with.
Currently, there are many international treaties between Peru and other signatories of the Hague Convention and these treaties will heavily play in your favor if your lawyer evokes them properly and in a timely manner. This is where hiring an experienced lawyer will make all the difference because it will mean recovering your child in as little as six months versus four to five years.
The lawyers at Monteblanco & Associates offer full a full array of services in International Law, focusing on legal services for Individuals as well as Businesses in Peru. Request a case consultation on our website or contact us at your convenience from the United States or anywhere else in the world.