Leading Korean Child Abduction Lawyer’s Advice for Parents to Avoid Child Abduction and Prevail in Child Abduction Cases in Korea

The following article is written by Attorney Jiwon MIN. Attorney Min is one of the leading Korean lawyers handling Family Law, Custody and Child Abduction matters in Korea for expats. She, recently, prevailed for her client in the most noteworthy chase on Hague Abduction Convention cases in the history Korea. Attorney Min handles the largest and most noteworthy Child Abduction, contentious Child Custody and contentious Divorce Cases in Korea. She attended law school in Korea and in New York City. Attorney Min is the head of IPG Legal’s Korean Family Law Team.

By Jiwon MIN

From my experience handling Korean Child Abduction cases, I created the following list to assist clients to proactively fight to return children back to his or her habitual residence. Here are a few of my observations and suggestions. If you have any questions, please schedule a call with me.

1. We should understand that the Hague Child Return process is not a custody determination and thus is not about what is in the best interest of the child. Many lawyers without the necessary experience and nuance focus on the wrong issues in these cases and, thus, guide the judge to the wrong focus and others are fearful of fighting critical flaws in the system. A Hague Child Abduction matter, primarily, is about child’s “habitual residence” and the actions of the abducting spouse in removing the child from the habitual residence. Thus, the focus should be on these issues and making the Korean court aware that this is a treaty matter and the child should be removed from Korea and returned to his or her habitual residence in order to comply with the treaty and not give Korea a bad name in the eyes of foreign governments. For more information on the specifics of the law and things you should do if your child is abducted, please see: What to do if your Child is Abducted from Korea?
2. Be very careful of a spouse that you are having marital issues with that claims to be going on vacation in Korea or another jurisdiction. If you feel an issue may occur, your feelings are likely correct.
   • If you are concerned that your child is at risk of being abducted internationally by a parent, legal guardian, or someone else:
     • Obtain a court order that prohibits the child from leaving your country. In many cases, foreign attorneys working at IPG Legal may assist you with this.
     • If in the U.S., contact the U.S. Department of State (DOS) Office of Children’s Issues. If you are in another jurisdiction, your jurisdiction may have a similar system as that of the U.S.
   • If you believe that your child is highly likely of being abducted internationally by a parent, legal guardian, or someone else:
     • Obtain a court order that prohibits the child from leaving your country. In many cases, foreign attorneys working at IPG Legal may assist you with this.
     • If in the U.S., also, contact the U.S. Department of State (DOS) Office of Children’s Issues. If you are in another jurisdiction, your jurisdiction may have a similar system as that of the U.S.
     • Provide your local police and the local airport police copies of all court orders.
     • If you are in the U.S., request that your child’s name and the likely abductor’s name be entered into the U.S. National Crime Information Center (NCIC) database. Other jurisdictions have similar databases.
3. Document that the “habitual residence” of the child is your home. Great evidence is school records, government documents with your child’s name and address on them, mail with your child’s name on it, emails between you and your spouse, and text messages between you and your spouse.
4. If your spouse is going to take your child abroad and you agree, document that this is only for a short trip and when the child shall be returned to the child’s habitual residence. The best case is to get a signed document, however, emails, texts, and recordings (if legal in your jurisdiction) is valid evidence in establishing that the child should be returned to the child’s habitual residence by a certain period of time and non-compliance with this agreement is an unlawful removal of the child.
5. Make copies all all records of your child and spouse. Know where your spouse is going to reside when abroad. If your spouse is going to reside in a family home or shall be in the same jurisdiction of the family home obtain the address and contact details of all residing in the house. The best case is obtaining passports and/or government identifications of your spouse’s parents and if applicable grandparents
6. File, with your lawyer, the Hague Abduction Convention petition for return of your child.
7. Don’t play soft. In many cases we advise filing a criminal case in Korea against the whole Korean family. The family, in many cases, are accessories to the crime. Criminal filings in Korea are an excellent manner of resolving the matter – in many cases.
8. Act quickly, court filings need to be made quickly to comply with time requirements in law. Don’t sit on your rights.
9. If possible, attend court proceedings in person. Attending court proceedings may lead to a very positive impression on the mind of the court.
10. File for a preliminary injunction, during the pendency of the case for visitation rights. These visits can assist in building good rapport between you and your child and, thus, avoid parental alienation.
11. Because of the aggressive advocacy of IPG Legal in a particular case where a spouse was not willing to abide by a court order and a negative report on Korea’s lack of compliance with the Hague Abduction Convention by the U.S. State Department, the Supreme Court of Korean in April 2024 amended its enforcement regulations. The new enforcement mechanisms allow for the forced return of a child without the consent of the child and the abducting parent. However, bailiffs are not yet highly trained for these cases, so it is advisable to have a lawyer coordinate with the bailiff for execution. Hiring a security officer specializing in child return cases can also enhance safety.
12. Avoid hiring Korean family lawyers with little experience in litigation (not simply settling) Hague Child Return cases. Many of these lawyers mistakenly focus on custody arrangements. However, the key to success in these cases is demonstrating that the child was abducted without the other parent’s consent from the Child’s habitual residence. These cases are difficult cases even for experienced lawyers. Never hire a novice of these matters.
13. Have a senior retired judge and respected lawyers working for you. In all our Hague Abduction cases, we have the involvement of a senior retired judge, a well-known foreign attorney and myself. Hire the best you can hire. The choice of lawyer is often the most important choice you shall make.

If you would like to consult with IPG Legal’s Family Law Team, please: Please Schedule a Call with an Attorney.