Christian Communities

* Children's Abduction

Question 1: What's the difference between the abduction and non referral of the minor?

Abduction is when the minor is taken away from the authority of his custodian or guardian. Non referral of a minor is when someone refuses or delays the minor's referral to his custodian (Art. 595 and 496 of the Penal Code).

Question 2: How are abduction and non referral punished?

Abduction is punished by three years of detention and a fine ranging between 50.000 and 200.000 LBP. If the minor hasn't completed 12 years, or wasn't abducted by trick or force, the sanction would be temporary hard labor (Art. 495 of the Penal Code).

As for the non referral of a minor below 18 years, it's sanctioned by 3 months to 2 years of detention and a fine of 50 to 200 thousand LBP.

Question 3: Do I have the right to file a penal suit against my husband in case he refuses referring my son or my daughter to me according to custody decision?

Yes, the wife has the right to file a penal suit against the husband according to the articles 495 and 496 of the Penal Code. This complaint is filed either before the appeal prosecution or the investigating magistrate or directly before the penal district judge.

Question 4: In case my husband abducted my children and ran away outside the country, what would be the judicial measures that I can take?

In this case, the wife can bring about a decision from the relevant penal court in Lebanon . And the decision may be executed in the husband's country of residence, providing that there is a sentence execution agreement between Lebanon and that country.