International Parental Child Abduction

Greece

Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

The Hague Convention on the Civil Aspects of International Child Abduction came into force between the United States and Greece on June 1, 1993. Therefore, Hague Convention provisions for return would apply to children abducted or retained after June 1, 1993. Parents and legal guardians of children taken to Greece prior to June 1, 1993 may still submit applications for access to the child under the Hague Convention.

Application requirements of the Greek Central Authority are listed below. The Greek Central Authority requests that all documentation submitted is accompanied by complete Greek translations. If you are unable to translate your application, the Greek Central Authority will have them translated for you; however, the resulting delay of the court hearings while the documents are translated can be 20 to 25 days long. Should you have the documents translated yourself, keep in mind that translations do not have to be "official" or certified, but applicants should ensure they are accurate and complete. A complete Hague application should include the following:

1) The U.S. Central Authority application form. This form is located on pages 31 and 32 of the U.S. Central Authority's brochure, "International Parental Child Abduction." Please refer to pages 23 through 27 of the brochure for instructions on completing the application form.

2) The Greek Central Authority will provide pro bono (no fee) legal assistance during Hague proceedings before the appropriate court in Greece. The individual representing you will do so only for the purposes of the Hague matter, not for custody or divorce proceedings. If you wish to avail yourself of this service, the Greek Central Authority will require a statement from you (similar to a power of attorney) in accordance with Article 28 of the Convention. This signed statement, like all other documentation submitted, should be translated into Greek. A sample English text, which you may wish to use, is included on page four of this flyer. You may also identify your own attorney to represent you before the courts. Please note that if you retain your own attorney, all legal fees will be your responsibility, and the Greek Central Authority will no longer be able to identify an attorney to process your case. In other words, if you wish to replace your attorney, you will have to locate another attorney, the Greek Central Authority will not take over action on your case, nor can one of their representatives intervene on your behalf with the court in question. The Central Authority's only role at that point would be to contact the attorney you selected to request a status report.

3) A copy of either the court order in effect when the child was taken to Greece or the state law which establishes the applicant's right to custody. A Greek translation of the applicable section of the court order or the law should be included.

4) A certified copy of the child's birth certificate and of the parents' marriage certificate. If copies are not immediately available, do not delay your application by waiting for them. Include in your application a statement that you are currently securing a copy of that particular document and that you will forward it as soon as possible, and then do so.

5) Photos of the child and the taking parent. These photos will not be returned to you.

6) One original and one complete photocopy of all documents and photos. If you have translations, you should provide one set in English and one in Greek.

-- All documents should be translated into Greek. However, the Convention states (Article 23) that certification of the translation is not required by the Convention. This means that if you or someone you know speaks Greek, you may translate the documents yourself, instead of paying a translation service. If the translation process will delay your submission, you may submit English documents first, then follow them with Greek translations.

-- The Greek Central Authority is unable to conduct country-wide searches for children. It is essential to provide as much information as possible regarding the location of the child, including the street address and the name of the city, if possible. If this information is not available, you should provide whatever information you have regarding the taking parent's relatives and friends in Greece, including names, addresses, and telephone numbers.

-- The practice of the Greek Central Authority is to approach the taking parent, notify him/her of the proceedings, and ask if he/she will voluntarily return to the United States. If you are concerned the taking parent will flee or hide the child if notified of the proceedings, you should note this and state the reason for this concern in section VIII of the application or on a separate page. While only in very extraordinary situations will the child be placed in protective custody, the attorney representing you can request a temporary judgment from the judge prohibiting the taking parent from moving the child to another city or address. Please note that you must make a specific request that this be done.

-- Finally, if the taking parent refuses to honor the Greek court's ruling that the child be returned to the United States, the Greek Central Authority advises us that the applicant should go in the company of a bailiff to recover the child. (The bailiff has the legal authority to enforce a court's order.) We note that the bailiff's fees are the sole responsibility of the applicant, and can cost as much as 500,000 Greek Drachmas (approximately $2000 US.)

Please note that the documentation listed above should be submitted to:

A.

Office of Children's Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

OR

B.

The Greek Central Authority
Hellenic Republic Ministry of Justice
General Directorate of International Relations and Legislative Competence
Section 4
96 Messoghion Avenue
11527 Athens
Greece
Telephone: 011 [30] (1) 771-4186
Fax: 011 [30] (1) 770-7025

OR

C.

Through a private attorney in Greece

Please do not hesitate to contact the U.S. Central Authority with any questions.

Dear Sir or Madam:

Please accept this letter as written authorization, as may be required by Article 28 of the Hague Convention on the Civil Aspects of International Child Abduction, empowering the Central Authority of Greece or their designated representative to act on my behalf on my Hague Convention application.

Sincerely,

[Signature]

[Print full name]

[Address]

[Date]

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