The movement of a minor child out of the country is not a simple family matter, nor a procedural detail at airports. Under Cypriot and international law, a minor's exit from the country without the required consent can constitute illegal movement or even international parental abduction. The issue acquires particular significance in Cyprus, notes Kriton Dionysiou, Lawyer and Lecturer in Law at the University of Limassol, where "the island's geographical and political reality creates additional difficulties in controlling the movements of minors".
The existence of areas not controlled by the Republic of Cyprus, access via the illegal airport of Tymbou, as well as crossings through the checkpoints, have at times been at the centre of cases of illegal movement of children. Mr Dionysiou underlines that "the written consent of both parents when there is joint parental responsibility constitutes a substantive protection measure, especially in cases of divorce, custody disputes or mixed marriages with an international dimension".
Illegal movement
According to international legal practice and the 1980 Hague Convention on international child abductions, illegal movement of a minor is considered the removal or retention of a child outside their country of habitual residence without the consent of the parent or the person legally exercising custody rights.
Illegal movement can involve:
- A child's exit from the country without the other parent's consent,
- Non-return of a child after an agreed trip,
- Violation of custody court orders,
- Transfer of a child to another country with the aim of avoiding judicial proceedings.
In several cases, the initial movement appears lawful, but turns into international abduction when one parent refuses to return the child.
The importance of written exit consent
When a minor travels outside Cyprus with only one parent or with a third person, the existence of written consent from the other parent is considered essential, where there is joint parental responsibility.
This consent functions:
- As proof of consent,
- As a measure of protection for the child,
- As a control tool for the competent authorities,
- As an element that can prevent a possible abduction.
In several countries, border authorities systematically request signed authorisation, especially when the child travels only with the mother or only with the father. The absence of such a document, as Mr Dionysiou points out, can significantly hamper the investigation of a case, particularly when the transfer takes place rapidly towards third countries.
The Hague Convention
The basic international legal shield for the return of abducted children is the 1980 Hague Convention. The convention provides for cooperation procedures between states for the immediate return of children illegally moved from their country of habitual residence. However, the convention's effectiveness is limited exclusively to the states that are contracting parties.
This means, as Mr Dionysiou clarified, that "when a child is transferred to a country that does not participate in the Hague Convention, the possibilities of return diminish dramatically, and in certain cases there is essentially no effective repatriation mechanism. Parents are then forced to become involved in time-consuming judicial proceedings abroad, often within entirely different legal and religious systems."
Cyprus's particularities
Cyprus has for years faced increased difficulties owing to the island's peculiar security and control situation. The areas not controlled by the Republic of Cyprus have repeatedly occupied the authorities in cases involving the movement of minors. The possibility of crossing through the checkpoints and then departing from the illegal airport of Tymbou creates serious challenges for the competent services.
Competent sources also point to the need for continuous updating of the details of persons on stop lists, so that possible illegal departures of minors can be prevented in time.
Cases that exposed the gaps
Cyprus has repeatedly been confronted with cases of international parental abductions and illegal movements of children. The most recent case to occupy the authorities involved a Turkish father and a British mother in Limassol, with the child considered at high risk of illegal movement via the occupied areas.
In another case that had provoked intense public debate, a Norwegian father had transferred his daughter outside Cyprus, with the case brought before a Norwegian court. That particular case had highlighted the different legal approaches between states as well as the difficulties of enforcing decisions in cross-border custody cases.
Particular concern had also been caused by the case of a Syrian father, who had reportedly obtained written consent for an excursion with his daughter to the occupied areas, but they subsequently departed by air to an Arab country via the illegal airport of Tymbou. The case had brought back to the fore concerns about how a lawful movement consent can be used for the accomplished removal of a child from the jurisdiction of the Republic of Cyprus.
The role of parents and authorities
Lawyers and competent services underline that prevention constitutes the most important protection tool.
Parents are called upon:
- To ensure clear written agreements,
- To inform the courts when there are fears of flight,
- To request restrictive measures where required,
- To carefully check the terms of minors' travel.
At the same time, the authorities are called upon to strengthen control mechanisms, information exchange and the rapid activation of procedures in high-risk cases. At international level, parental abduction cases are constantly increasing owing to mixed marriages, increased population mobility and the possibility of rapid transfer of children between different jurisdictions.
The Police respond: procedures and safeguards
In response to questions submitted to the Press Office of the Cyprus Police, the following clarifications are provided on matters concerning the practical handling of cases of illegal movement of minors.
Written exit consent, who issues it and how it is certified: According to the Police, when a minor travels with only one parent, written consent of the other parent is required, while when travelling with a third person, the consent of both parents is required. The form may be drawn up by hand or typed, and must bear certification of the signature by a certifying officer or community leader. Where a Family Court Prohibition Order is in force, exit is prohibited, unless prior written consent or relevant permission from the competent court is secured.
Stop lists: The Police clarify that the updating of stop lists at the checkpoints and airports under the control of the Republic of Cyprus takes place immediately, with the addition or removal of a person.
116000 and Amber Alert: The operation of the 116000 line and the Amber Alert has been assigned to the Association for the Prevention and Handling of Violence in the Family and the NGO Hope for Children.
INTERPOL and SIS, the criminal dimension: The Hague Convention on parental abductions concerns the civil aspect of the matter, which is handled by the Ministry of Justice and Public Order. The National Office of INTERPOL and the National SIRENE Office are involved in the criminal aspect. Following a parent's complaint of parental abduction or illegal retention of a minor outside the Republic of Cyprus, an exchange of messages begins with the possible countries of destination, while the minor's details are entered into the SIS system (SIRENE) for tracing, or a yellow notice is issued via INTERPOL. Following the issuance of a European arrest warrant or an international arrest warrant against the abducting parent, the two offices take the appropriate steps to inform the SIRENE and INTERPOL member countries.
