Korea has acceded to Hague Convention on the Civil Aspects of Child Abduction, however, it is advisable if you have a spouse that you believe may abduct your child and bring the child into Korea, China or another jurisdiction to:
Access the Children’s Passport Issuance Alert Program (CPIAP) via report the fact of the possibility of an abduction to the Department’s Passport Lookout System.
If a passport is being applied for, the Passport Lookout System should notify you.
You can find more information on these issues at Children Issues.
The Department of State notes that:
“We strongly discourage trying to take your child and bring him or her back home because this could: Endanger your child and others; Have a negative effect on any future legal action you might wish to take in that country; Result in your arrest and imprisonment in a foreign country where you are subject to local laws. If you do succeed in leaving the foreign country with your child, you and anyone who assisted you may be the target of arrest warrants and extradition requests in the United States or any other country where you are found.”
If you child has been abducted, please contact an attorney, quickly, in the jurisdiction that your child has been abducted to. You have options. We work on these issues in Korea, China and parts of Southeast Asia for, mainly, U.S., Canadian and European Union nationals.
Other articles that may be of interest:
- Korea Accedes to Hague Convention on the Civil Aspects of Child Abduction
- Divorce Checklist for Negotiating a Marital Separation Agreement
Sean Hayes may be contacted at: SeanHayes@ipglegal.com.
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal.
He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. He is ranked, for Korea, as one of only two non-Korean attorneys as a Top Attorney by AsiaLaw.
- Hague Child Abduction Convention Acceded to by South Korea
- Korean Child Abduction Law Explained
- Child Abuse in Korea – “Professionals” Required to Report Crime: Sentences Increased & Police Receiving More Training on the Needs of Victims
- Obtaining Child Support in Korea from a Deadbeat Father (or Mother)
- Jurisdiction and Choice of Law Issues in Agency Agreements
- Choice of Law Issues in Employment Disputes in Korea