The unlawful removal of a child from the care of their custodial parent or guardian, either within South Africa or internationally. International child abduction is governed by the Hague Convention.
Child abduction in South Africa is both a common law crime and, for international cases, governed by the Hague Convention on the Civil Aspects of International Child Abduction (implemented by the Family Advocate Act amendments). If a parent removes a child from the country without the other parent's consent or a court order, it is an international abduction. Domestic abduction (removing the child from a custodian without authority) is also a criminal offence and immediately actionable.
After a divorce, the mother takes the children to Germany without the father's knowledge or consent. The father applies to the Central Authority in South Africa to have the children returned under the Hague Convention.
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