International child abduction in Peru: what to do if your child was taken abroad

What is international parental child abduction?

International child abduction happens when a parent, or another relative, takes a child to another country — or keeps them there — without the consent of whoever also holds rights over the child, in violation of an existing custody and visitation arrangement or shared parental authority. Peru has been a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction since it acceded on May 28, 2001, in force for Peru since August 1, 2001 (verified directly on the Convention’s official website, hcch.net).

The treaty does not decide who should have custody of the child. Its sole purpose is to secure the child’s prompt return to their country of habitual residence, so that the court there — usually the one already familiar with the case — can rule on custody itself.

Who is Peru’s Central Authority

Every country that is party to the Convention designates a “Central Authority” responsible for receiving and processing return requests. For Peru, according to information published directly by the Hague Conference on Private International Law (hcch.net), that role is held by the Ministry of Women and Vulnerable Populations (MIMP), through its Directorate General for Girls, Boys and Adolescents.

This works both ways:

• If your child was taken out of Peru to another Convention country without your consent, MIMP is your point of contact to start the process with the Central Authority of the country where the child is located.
• If a child was brought into Peru from another Convention country without the other parent’s consent, that foreign country’s Central Authority coordinates with MIMP to handle the return request within Peru.

What to do if your child was taken abroad

1. Don’t wait. Time is the single most decisive factor in these cases. The longer it takes, the more arguments the other party may have to claim the child has already settled into their new environment.
2. Gather basic documentation: the child’s birth certificate, any court order or agreement on custody, copies of identity and travel documents, and evidence that the trip happened without your consent.
3. Contact MIMP as Peru’s Central Authority to get guidance on filing a request for international return.
4. Consider a criminal complaint, since Peru’s Criminal Code includes the offense of parental child abduction, though we recommend confirming the current wording with a criminal-law attorney before filing.
5. Get specialized legal advice, ideally from a lawyer experienced in international family law and the Hague Convention.

The criminal-law angle in Peru

Beyond the civil/administrative route under the Hague Convention, Peru also has a possible criminal-law route. Article 147 of the Criminal Code, in the wording given to it by Ley N.° 28760, says:

«El que, mediando relación parental, sustrae a un menor de edad o rehúsa entregarlo a quien ejerce la patria potestad, será reprimido con pena privativa de libertad no mayor de dos años. La misma pena se aplicará al padre o la madre u otros ascendientes, aún cuando aquellos no hayan sido excluidos judicialmente de la patria potestad.»

(Whoever, in a parental relationship, takes a minor away or refuses to hand them over to the person who holds parental authority faces up to two years in prison. The same penalty applies to the father, the mother or other ascendants, even if no court has removed their parental authority.)

In other words, a parent can commit this offense even if no judge has taken away their parental authority, and the maximum penalty is two years in prison. Before filing a complaint, have a criminal-law attorney look at your case and how it fits with the civil return process.

What if the other country is not part of the Hague Convention

If the country the child was taken to is not a party to the 1980 Hague Convention, the simplified return mechanism does not exist. In those cases, the process is typically slower and depends on bilateral agreements, diplomatic cooperation through the Ministry of Foreign Affairs, and in some cases direct negotiation or judicial proceedings in the destination country. Consult an international lawyer to assess the concrete options for the specific country involved.

Prevention: the travel permit

Many international abduction cases could be prevented by properly requiring and verifying travel permission for minors before a child leaves the country with only one parent or with a third party. If you suspect the other parent is planning to leave the country with your child without your authorization, you can request preventive immigration alert measures through the competent authorities.

Final recommendation

This is one of the most urgent and sensitive issues in family law. Acting quickly, documenting everything from the very first moment, and contacting Peru’s Central Authority (MIMP) immediately are the steps most likely to affect the outcome. Complement this guide with personalized legal advice, since every case depends on the country involved, whether that country is party to the Hague Convention, and the specific circumstances of the removal.