Simon contacted Child Find of America seeking assistance with what had become a developing international parental abduction case. He explained that he shared a young daughter, Mia, with his former partner, Ellie.
Simon is a citizen of Austria, while Ellie and her family live in Georgia, where Mia was born. Mia holds dual citizenship, meaning she is legally recognized as a citizen of both the United States and Austria. She also has passports from both countries.
After Mia’s birth, Simon and Ellie initially decided to build their life together in Austria, where they believed greater opportunities existed. Over time, however, Ellie struggled to adjust to life there and had difficulty finding employment. Their relationship began to deteriorate, and the strain intensified as Ellie’s mother’s health declined, requiring Ellie to travel frequently to the United States to assist with her care.
Eventually, Simon and Ellie separated while still living in Austria and began parenting apart. Ellie filed a family court case seeking custody and requested permission to relocate with Mia to the United States. The Austrian court ultimately denied that request. The court determined that the family had established their primary residence and routine in Austria and found that Ellie had not presented a plan that would ensure Mia maintained meaningful and consistent contact with her father if she moved abroad.
The court ruled that Mia should remain in Austria with Simon as the residential parent.
Not long after the order was issued, Ellie left Austria with Mia and cut off all contact.
Simon described the experience as deeply painful. Despite the situation, he shared that he believes Ellie is a good mother. At the time, however, he had no idea where his daughter was or what steps to take next.
Simon contacted local law enforcement authorities and was able to confirm that Ellie and Mia had boarded a flight bound for Georgia. In response, Simon filed a Hague Petition seeking Mia’s return to Austria.
How Child Find Helped Simon
▸ Explained the international legal process for parental abduction cases, including the Hague Convention
▸ Reviewed possible next steps and procedural options with Simon
▸ Conducted targeted research that could help locate Mia
▸ Explored outreach options to encourage communication and resolution
▸ Provided ongoing guidance and support throughout the case
A Hague Petition is a legal action under the Hague Convention on the Civil Aspects of International Child Abduction, an international treaty signed by both the United States and Austria. The treaty is designed to secure the prompt return of children under the age of 16 who have been wrongfully removed from their country of habitual residence. Importantly, the Hague process determines which country should handle custody proceedings, rather than deciding custody itself.
By the time Simon contacted Child Find, he had traveled to Georgia and retained an attorney. His Hague petition had opened a case in a local district court. A temporary order had been issued requiring Ellie to appear before the court, but the case had stalled because she had not yet been served with the court papers.
The Office of Children’s Issues at the U.S. Department of State, which assists parents in international parental abduction cases, was able to make contact with Ellie and notify her of the Hague case. The office also explored whether she would consider voluntarily returning Mia to Austria. Ellie declined to do so.
A Child Find case manager worked with Simon to review possible options. One suggestion included reaching out to Ellie’s mother to invite an open discussion about the situation and explore whether she might help encourage a resolution. Outreach was attempted, but there was no response.
Simon explained that he was also facing another challenge: his travel visa for the United States would expire soon, limiting how long he could remain in the country to work on the case. As time passed without progress, he described feeling increasingly desperate.
The Child Find case manager provided Simon with procedural information about available legal avenues so he could discuss them with his attorney. The case manager also conducted searches for additional information and provided ongoing emotional support during an extremely stressful time.
During his continued efforts with both Austrian and U.S. authorities, Simon recently learned that Ellie may have left the United States with Mia and traveled to Antigua and Barbuda.
This development creates an additional complication. Antigua and Barbuda are not signatories to the Hague Convention, meaning the international legal mechanism Simon had been relying on may not apply there.
Simon’s case remains ongoing. Child Find continues to assist by researching possible next steps and providing guidance on how he might work with embassies and consulates to help locate Mia and pursue her safe return.
Names and locations have been changed or omitted to protect the confidentiality of our callers.
