The 1980 Hague Convention defines international parental child abduction in Article 3 as the act of one parent wrongfully removing or retaining a child outside their country of habitual residence, in violation of the other parent's legally recognized custody rights.In Lebanon, this crime destroys children's lives and violates their fundamental rights to a stable family life.
Although Lebanon has signed the Convention on the Rights of the Child and the Universal Declaration of Human Rights, the fragmented local legal framework continues to violate these principles.
Parental child abduction breaches the child’s right not to be separated from their parents against their will—except when it is in their best interest.
Lebanon suffers from a multiplicity of courts and laws: religious courts for Muslims and Christians operating under 15 different legal codes, a civil judge for civil marriages, an urgent matters judge under Child Protection Law 493, and the criminal court.
This complex structure creates conflicting rulings and makes enforcement extremely difficult.
Although it is possible to enforce foreign judgments in Lebanon, the process is complex and requires review by the Court of Appeal and the issuance of an executory order.
Requirements include authentication, translation, payment of fees, and notification of the other party—making the process lengthy and costly.
About international parental child abduction and the legal situation in Lebanon.
About international parental child abduction and the legal situation in Lebanon.
It is when one parent or family member takes or retains a child outside their country of habitual residence in violation of legally recognized custody rights. This phenomenon differs from criminal kidnapping and often occurs in the context of family disputes, negatively affecting hundreds of thousands of children annually and causing serious psychological and social effects on them and the left-behind parent.
Article 3 of the 1980 Hague Convention considers the removal or retention of a child unlawful if it occurs in violation of custody rights granted under the law of the state where the child habitually resided before removal or retention, provided these rights were actually exercised at the time of removal or retention. This definition focuses on “habitual residence” and “custody rights” as core concepts.
Non-accession of most Arab countries to the Convention is due to several complex factors. Most notably, differences between custody and guardianship concepts in Islamic jurisprudence and the “custody rights” concept in the Convention, and concerns about national sovereignty and foreign interference in personal status matters. Differences in interpreting “the child’s best interest” and lack of legal awareness and political will also contribute to non-accession.
Lebanon is not a signatory to the 1980 Hague Convention, creating a legal vacuum. The legal system is complex due to sectarian plurality, where different personal status laws govern each sect. Criminally, a parent who takes their child outside Lebanon is not considered a “kidnapper” under Article 495 of the Penal Code, but may be punished under Article 496 for non-compliance with court decisions, and cases are treated as ordinary custody disputes.
Lebanese law application faces major challenges including sectarian legal plurality leading to conflicting judgments and lack of recognition of foreign judgments, prolonging disputes. Additionally, absence of rapid procedures and difficulty in judgment enforcement, potential bias in some sectarian courts, lack of judicial expertise, absence of international coordination, and high litigation costs all hinder effective resolution of these cases.
Despite Lebanon’s non-accession to the Hague Convention, one can resort to litigation before sectarian courts, and approach the urgent matters judge to take rapid preventive measures like travel bans. It’s also possible to apply juvenile protection law provisions through juvenile courts, benefit from bilateral memoranda of understanding with other countries, cooperate with diplomatic authorities, in addition to mediation and amicable solutions in specific cases.
The importance of alternative solutions like international family mediation emerges, helping parents reach voluntary agreements serving the child’s interest with flexibility, speed, and lower cost, while preserving family privacy and relationships. Other solutions include diplomatic and legal advocacy, specialized cultural mediation, international family arbitration, and comprehensive “round table” sessions.
Mediation in international abduction cases is a voluntary, organized, and confidential process where a neutral mediator helps parents negotiate to reach an acceptable agreement about the child. It aims to find practical solutions in the child’s interest, characterized by speed and flexibility in finding creative solutions, preserving family relationships, and considering cultural and religious considerations.
When a child is abducted from Lebanon abroad, the affected parent must act quickly. Immediate procedures include reporting to Internal Security Forces and General Security to prevent travel. This is followed by obtaining specialized legal assistance, contacting Lebanese embassies and the destination country’s embassy, and submitting a formal request for child return if the country is party to the Hague Convention. Evidence documentation, exploring mediation, and obtaining psychological support are essential.
Travel ban is an important preventive tool in Lebanese law to protect children from international abduction. These judicial and administrative mechanisms aim to prevent child removal outside Lebanon without consent. Travel ban can be requested when warning signs exist such as threats or suspicious travel arrangements. These decisions can be judicially appealed, and their effectiveness can be enhanced through international coordination via Interpol and bilateral agreements.
International and regional cooperation is essential for combating international family abduction due to its cross-border nature. The 1980 Hague Convention is the basic model, complemented by the work of The Hague Conference, Interpol, and organizations like UNICEF and International Social Service. Regionally, the Arab League can develop cooperation agreements and protocols that consider regional specificities.
Joining the Hague Convention provides mutual protection for abducted Arab children, ensuring a rapid mechanism for their return. It also deters abduction as a solution to family disputes and facilitates judicial cooperation between countries. Additionally, joining enhances the country’s international image and demonstrates its commitment to children’s rights and international cooperation.
Advocacy is the cornerstone in combating international family abduction, especially in countries not signatory to the Hague Convention. Its role lies in raising public awareness about the phenomenon’s seriousness and influencing decision-makers and legislation like joining the Hague Convention. It includes building broad coalitions of civil society organizations and professional associations, developing civil society capacities, and providing evidence-based practical solutions.
iHOPE foundation is a leader in combating international family abduction in the Middle East. It provides specialized legal services to affected families and applies the “HOPE” methodology for mediation while considering cultural differences. iHOPE works to raise awareness about the problem through campaigns and workshops, provides training programs for professionals, participates in research to develop policies, and establishes international partnerships to provide comprehensive and effective solutions.
The legal community forms a fundamental pillar for combating international family abduction, where it can contribute through specialization and training, legal research, strategic litigation, and legal awareness and education. It also plays a role in legislative advocacy to pressure for legal reforms like joining the Hague Convention, and building international partnerships to facilitate cooperation and information exchange across borders.
"My child was abducted three years ago, and every day that passes is indescribable torment. The legal system in Lebanon is very complex and does not protect mothers' rights. I appeal to every person who believes in children's rights to stand with us to end this humanitarian tragedy in our country."
We call on the Lebanese government to immediately join the 1980 Hague Convention on Civil Aspects of International Child Abduction. This will provide a binding international legal mechanism to protect Lebanese children and foreign residents in Lebanon and ensure their swift return to their habitual environment.
We demand radical reform of the fragmented sectarian system and unification of custody and access laws under a unified legal framework that aligns with international standards for children's rights, giving utmost priority to the "child's best interest" principle and ensuring equality in custody rights between parents.
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