How do I stop my child being taken abroad unlawfully?
The 1980 Hague Convention allows urgent measures, even when the child’s habitual residence is in another country. In Bulgaria the first practical tools are a notarised declaration of non-consent and a request to the district court for a ban on leaving the country.
What are the first steps if there is a risk that a child will be taken out of Bulgaria?
A notarised declaration of non-consent submitted to the Border Police and an alert in the Schengen Information System are the first practical tools.
Note from the author: A client from outside the EU, whose child had been living with him in Plovdiv for eight months, put a series of questions to me: which court has jurisdiction, what can be done about the risk that the other parent will take the child out of the country without his consent, and how the international conventions work in his case. Similar situations are not rare in my practice — below is a summary of the applicable law.
Residence in Bulgaria — what is your legal basis?
When a citizen of a third country (outside the EU) lives in Bulgaria with their child, their residence must rest on some legal basis. The two most common cases for Ukrainian citizens since 2022 are the following.
Temporary protection under Directive 2001/55/EC
Bulgaria, as an EU member, grants temporary protection to Ukrainian citizens who left Ukraine because of the armed conflict. This protection gives the right to lawful residence and access to education, healthcare and the labour market. It is important that it is granted to the person regardless of where they came from — directly from Ukraine or after a stay in a third country such as Turkey, Moldova and others.
Another basis for residence
If you do not have temporary protection, you may be residing on the basis of a type D visa, a residence permit or another administrative status. The legal basis of residence has a direct bearing on the question of which court has jurisdiction in a dispute about the child.
Habitual residence — the concept that decides everything
In international family law the concept of “habitual residence” is central. It determines which court has jurisdiction to rule on questions of parental rights.
Habitual residence is not the passport or citizenship. It is a factual concept — where the centre of the child’s life is: kindergarten or school, social friendships, medical care, daily rhythm. Neither a law nor a convention sets a fixed period — 12 months do not have to have passed. Integration and stability matter.
What the courts take into account:
— Does the child attend kindergarten or school in Bulgaria?
— Does the child have established friendships and a social environment?
— Does the child receive medical care and daily care here?
— How many months has the child been in Bulgaria, and has the presence been interrupted?
How many months the child has been in Bulgaria is only one criterion — and not decisive on its own. If the child lived 3–4 years in another country and has been in Bulgaria for 6–8 months, the court will very likely accept that habitual residence is still in the previous country. In that case the argument must also be built on the international conventions — in particular the rules on urgent measures, which give a Bulgarian court jurisdiction regardless of habitual residence.
Which law applies — the international conventions
When the parents are citizens of different countries and the child lives in a third, the situation is governed by private international law. Two conventions are of particular importance for my clients.
The 1996 Hague Convention
Bulgaria has ratified it and it has been in force since 1 February 2007. The main rule is in Article 5: the court of the country where the child has habitual residence has jurisdiction. There is, however, an exception of great importance.
Article 11 — urgent measures where the child is physically present: even if habitual residence is formally in another country, a Bulgarian court can act at once in an urgent situation — for example the risk of the child being unlawfully taken out of the country. For children with temporary protection in Bulgaria, Article 6 also applies — it gives jurisdiction to the authorities of the country where the displaced child is, regardless of the question of habitual residence.
The 1980 Hague Convention — abduction
This convention governs cases of the unlawful removal or retention of a child — so-called international parental child abduction. It allows the child to be returned quickly to the country of habitual residence.
Specific legal tools for protection
If the child is in Bulgaria and there is a risk that the other parent will take the child out without your consent — especially to a country with no international return mechanism — you have the following tools:
An immediate measure without court proceedings. A notarised declaration stating that you do not consent to the child leaving Bulgaria. It is submitted to the Border Police Directorate General and recorded in the border control system. It works only at Bulgarian border crossing points, but it is available at once — no waiting.
The district court of the child’s actual place of residence may impose a ban on leaving the country where there is a specific and obvious risk of unlawful removal. The request is examined within 14 days; the court may issue an interim order as soon as the case is opened. Once the decision is in force, the Ministry of the Interior enters an alert in the Schengen Information System, which covers about 30 European countries.
Where urgency is expressly justified, the request for a ban on leaving is also argued on the basis of Article 11 of the convention — a provision that gives the Bulgarian court jurisdiction regardless of the question of habitual residence. This is particularly important when the child has been in Bulgaria for less than 12 months or when parallel proceedings are under way in another country.
The Agency has independent powers under the Child Protection Act to ask the Ministry of the Interior to enter an alert in the Schengen Information System where a child is at risk. It acts in parallel with and independently of the court proceedings.
Under Article 15 of the Child Protection Act the court sends a request to the Social Assistance Directorate for the child’s current address. The Directorate carries out a social inquiry and presents a report to the court. It is official evidence of living conditions, the stability of the environment and integration. The report can also be requested on the parent’s initiative — without a case having to be opened first.
The key distinction: the protective measure — the ban on leaving — does not require the dispute over parental rights to be decided. It simply “freezes” the position until the competent court rules on the merits.
If the other parent asks for the child’s return
Under the 1980 Hague Convention
The other parent may submit an application for the child’s return through the Ministry of Justice as the central authority. In Bulgaria only the Sofia City Court hears such cases. The period under the convention is 6 weeks; in practice, 3 to 6 months.
The defence of the parent with whom the child lives may be based on Article 13(1)(a) — if the other parent consented to the departure (a notarised power of attorney is enough); on Article 13(1)(b) — where there is a risk to the child on return (aggressive behaviour, threats); and on Article 12(2) — after 12 months from the removal, if the child has become integrated in the new environment.
Under the 1996 Hague Convention
If a decision on parental rights has been made in another country, it is recognised by operation of law in Bulgaria (Article 23). But its enforcement requires a separate procedure under Article 26 (exequatur). In that procedure Bulgaria may refuse recognition if the parent with whom the child lives was not heard, if enforcement is contrary to the child’s interests, or if a later incompatible measure has already been taken in Bulgaria under Article 11.
What to do straight away
If the other parent has threatened to take the child away, or you have information that they are planning to — do not wait. Time is a critical factor.
1. Collect all the evidence: messages, emails, screenshots with threats or declared intentions.
2. Obtain a document from the kindergarten or school confirming the child’s attendance and address.
3. Contact a lawyer — for the notarised declaration and the request for a ban on leaving the country. The ban can be ordered within days.
4. If you have status documents (temporary protection, residence permit) — have them ready.
If you are in a similar situation, get in touch at once. The deadlines are short and every lost day reduces the options for protection.
+359 896 963 447Frequently asked questions
Nikolay Hristev, Plovdiv Bar Association