After the Final Match: When a FIFA Vacation Becomes a Parental Abduction Issue
The 2026 FIFA World Cup has brought many visitors through Vancouver International Airport, with millions of passengers expected between June and July. Many families from around the world have taken this opportunity to enjoy a summer vacation and watch one of the world’s biggest sporting events. But sometimes a temporary trip can become a legal situation when one parent decides not to return a child to the family home country after the agreed travel period ends. These situations are often categorized as child abduction. The parent who is basically left behind in the family home country may need to start urgent action under the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”).
What is the Hague Convention and when does it apply?
The Hague Convention is essentially an agreement between several countries that aid in returning a child to their home country if the child has been wrongfully taken to, or kept in, another country without permission.
The Hague Convention only applies to countries who are members of the Hague Convention itself, meaning that both the country where the child normally lives and the country where the child has been taken to or kept in must be members in order to use the convention itself. When a court decides where a child normally lives, they will look at both the intentions of the parents and the child’s situation.
In addition to Canada, more than 100 countries are members, including many that Vancouver has welcomed in FIFA World Cup matches including: Australia, New Zealand, Switzerland, Belgium, Colombia and Türkiye (Turkey). A full list of countries can be found at this link: https://www.hcch.net/en/instruments/conventions/status-table/?cid=24
If your home country is not on this list, it does not mean that you do not have any options to get your child back. It just means that the process will look different than the one explained in this blog. We recommend that you speak to a lawyer to get more information.
What if there is a travel authorization?
Sometimes one parent travels with a child alone after receiving written permission (often called travel authorization) from the other parent. This permission may be for a specific period, or it may not have an end date. In most cases, a travel authorization is meant to allow for a temporary trip, not a permanent move to another country.
If the travel authorization includes a return date and the child is not brought back to their home country when agreed, a court will often consider this to be a wrongful retention of the child and a violation of the other parent’s custody rights.
If the travel authorization does not have a specific end date and the parent who stayed behind becomes concerned that the child will not be returned to their home country, they should immediately notify the travelling parent, in writing, that they no longer consent to the child remaining abroad and they want the child returned. Quick action can be important to protect their rights under the Hague Convention.
Are there any situations where a child will not be returned?
Under the Hague Convention, even if a child has been wrongfully kept in another country, a court may decide not to order the child’s return in certain situations.
Consent / Acquiescence (Acceptance)
In some cases, a court may decide that the parent who stayed behind agreed to the child remaining in Canada. This is called consent. Unlike the travel authorizations described above, this requires for the purpose of the trip to be more permanent in nature. This is why it is important for a parent to clearly withdraw consent if they no longer agree to the child remaining in Canada.
In other cases, a court may find that, even if a parent did not initially consent, they later accepted that the child will remain in Canada. This is called acquiescence. This can happen if the parent’s words, actions, or failures to object clearly indicate that they agreed to the child staying in Canada after the original travel plans changed.
Grave Risk of Harm / Intolerable Situation (Unsafe Situation)
A court may also find that a child should not be returned to their home country if they believe that a child will experience a grave risk of harm or intolerable (unsafe) situation when they return to their home country. One common example is where a child may be at risk of severe physical or emotional abuse from a parent or another person that they would live with or have contact with after returning.
However, these situations are assessed on a case-by-case basis to decide if the situation is severe enough to justify not returning the child to their home country. A court will not refuse the return just because the child is likely to have a better life in Canada.
Who can help you?
Our team at Kitsilano Family Law understands how overwhelming it can be for parents trying to get a child back home using a foreign legal system. Luckily, our team of experienced lawyers can help you create a path for your next right move having 30 + years of experience in the field of International Child Abduction. Whether you need information about the process, need advice about your rights, or are looking for someone who can represent you in court, we are here to help in English, French, Cantonese, Mandarin, Punjabi, and Farsi! Contact our team today by email at contact@kitsfamilylaw.com or by telephone at 604-731-5676.