Cross-border child custody disputes: How to prevent the other party from illegally taking the child abroad?

In international custody battles, parents biggest fear is not just losing the case but also the risk of their child being illegally taken across borders. Once a child is abroad, bringing them back is an extremely difficult, costly, and sometimes impossible process due to differences in the laws of various countries. Through this article, Apolo Lawyers will guide you through the legal and practical steps to establish a protective barrier for your child right here in Vietnam.

1. Recognizing Signs of The Other Party Preparing to Take Your Child Abroad

Before attempting to take your child away, the other party often makes discreet preparations. You need to pay special attention if you see the following signs:

- Regarding documents: The other party secretly renews your childs passport, extends their visa, or tries to obtain the original birth certificate from you.

- Regarding assets: Suddenly selling your house or car, terminating insurance contracts, or transferring money abroad.

- Regarding attitude: Hindering you from seeing your child, arbitrarily withdrawing your child from school, or frequently talking to your child about "going on a long trip."

2. The Strongest Legal Tool: Temporary Departure Ban

Many people mistakenly believe that simply not signing their consent prevents their child from leaving the country. In reality, if the other party holds your childs passport, they can still find ways to circumvent the law. The most effective solution is to request the Court to apply an interim measure: a temporary departure ban.

According to Article 36 of the Law on Exit and Entry of Vietnamese Citizens 2019, cases where Vietnamese citizens are temporarily prohibited from leaving the country include: individuals with obligations under the law on civil procedure if there are grounds to believe that the resolution of the case is related to their obligations to the State, agencies, organizations, or individuals and their departure would affect the resolution of the case, the interests of the State, the legitimate rights and interests of agencies, organizations, or individuals or to ensure the enforcement of the judgment.

Cross-border child custody disputes: How to prevent the other party from illegally taking the child abroad?

3. Other Practical Self-Defense Measures

Besides seeking legal recourse, you should proactively take the following steps to increase safety:

- Control your childs passport: Always keep the original passport and other important civil status documents in the safest place where the other party cannot access them.
- Notify the Embassy/Consulate: If your child has foreign citizenship, send a written notice to the embassy of that country in Vietnam, clearly stating the dispute and requesting that no new passport or visa be issued to your child without your consent.

- Coordinate with the school: Provide information to teachers and the school administration about the dispute, and request that the school not allow anyone (including the other parent) to take your child out of the school without prior notice.

4. Note Regarding the Hague Convention

It is important to note that Vietnam is not currently a member of the Hague Convention on the Civil Aspects of International Child Abduction.

This means that if your child is taken to another country, you cannot use the "automatic repatriation" mechanism of this Convention and must initiate a completely new lawsuit in that country. Therefore, preventing this at the Vietnamese border is the top priority.

Cross-border child custody disputes: How to prevent the other party from illegally taking the child abroad?

5. Apolo Lawyers - Divorce Lawyers provides divorce counseling services 

When mutual agreement is no longer an option, knowing what is unilateral divorce and how to divorce without consent in Vietnam becomes critical. By understanding the legal process and gathering proper evidence, you can take control of your situation and seek a lawful resolution. Whether you are facing infidelity, domestic violence, or emotional breakdown, a unilateral divorce may be your path to freedom.

To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. Our company provides fast unilateral divorce services in Ho Chi Minh City such as:

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for divorce procedures consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is a quite complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Prepare for a Divorce Due to Domestic Violence in Vietnam

>>> Read more: When Does the Court Not Accept a Unilateral Divorce?