International Child Return Cases in Georgia

The first facts to establish

Write down where the child lived before the move, when the child travelled and what was agreed. If the travel began as a holiday or family visit, identify the agreed return date and when it became clear that the child would not return. Keep the messages, bookings and any written consent.

Provide the child’s age, citizenship, current location if known and the details of both parents. Existing residence, custody or contact decisions should be supplied in full, together with information about any appeal or enforcement proceedings.

When the Hague Convention may apply

The 1980 Hague Child Abduction Convention provides a procedure for qualifying international removal or retention cases. Its application depends on the particular countries, dates and circumstances. The Convention applies to children under 16, and whether it operates between the countries concerned must be checked.

Georgia has a designated Central Authority at its Ministry of Justice. We assess the available procedure and the evidence before advising on an application. A pending divorce or a parent’s nationality does not, on its own, settle whether the Convention applies.

Return proceedings and custody decisions

A return application concerns a claimed wrongful move or retention and the requested return of the child. The long-term arrangements for care, residence and contact can involve separate proceedings. An existing foreign order is important evidence, but it should be read alongside the history and the rules applying to the return case.

The court considers the legal requirements and any properly raised grounds of opposition. Neither an application nor an existing custody order should be described as a guarantee of return.

Evidence to preserve immediately

• School, nursery, medical and housing records showing the child’s life before the move.
• Birth certificates, court decisions and agreements about parental rights.
• Travel bookings, dates, consent messages and evidence of the expected return.
• Correspondence about the child’s whereabouts, access or refusal to return.
• The names of lawyers or authorities already contacted in either country.

Keep complete copies and original electronic records. Tell the lawyer about safety concerns and any protective order. Avoid taking steps to move the child again without advice about the existing legal position.

Coordinating proceedings in two countries

A lawyer in the country where the child is located may need to work with a lawyer in the child’s former home. We organise the Georgian documents, identify translation and certification requirements and coordinate the Georgian proceedings with foreign counsel where needed.

Time can affect the available arguments and evidence. If a court has fixed a response date or hearing, state that date at the start of your enquiry and attach the document that sets it.

Starting an urgent enquiry

Send a short chronology and the countries involved. Include the child’s present location if known, the most recent order and the date the child left or should have returned. Call us as well if there is an imminent hearing or other deadline.

For continuing care and contact arrangements in Georgia, see child custody and parental contact. For existing foreign decisions, our foreign judgments guide explains why the type of order matters.