Marriages between a Korean national and a foreign national have been rapidly increasing in the Republic of Korea, and among the problems related with the international marriages, parental child abduction is probably the most destructive one to both the parents and the child.
The Republic of Korea in December 13, 2012, acceded to the Hague Convention on the Civil Aspects of International Child Abduction(“Hague Abduction Convention”), and on the March 1, 2013, the convention came into force in the ROK.
(A photo from an article of 'Stars and Stripes' Published: May 22, 2013 Two Canadian men holding a sign during a demonstration in August 2011 in Tokyo advocating dual custody rights for divorced parents in Japan.)
The Hague Abduction Convention states a child must be returned to their habitual residence and that a parent who abducts their child to another state is guilty of illegal acts and it provides an efficient method for the quick and safe return of children who have been internationally abducted by a parent from their country of habitual residence. The Convention applies only to children under the age of sixteen years.
Under the Child Abduction Convention, a foreign spouse of one of the contracting nation of the Convention can make application to the Ministry of Justice of the Republic of Korea for the assistance in the return of a child who was abducted to South Korea. The Seoul Family Court has the exclusive jurisdiction in cases asserting the return of the child pursuant to the Convention. The court may issue a preliminary injunction or dismiss the application when the application was made after one year from the abduction. When one or more years have already passed after the abduction the child has already adjusted herself/himself into the current environment so the court may grant custody of the child to the abducting parent. If a person does not comply with the court decision of child return, he or she is subject to a fine up to 10,000,000 KRW and/or up to 30-day detention.
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