Challenging INTERPOL Notices in child abduction cases has become a crucial issue for parents facing international custody disputes. INTERPOL’s Red and Yellow Notices are intended to assist law enforcement in locating individuals, but they are frequently misused in cross-border custody conflicts. Parents granted legal custody in one country often find themselves targeted by these notices, despite clear court rulings in their favor. This misuse can escalate family disputes into criminal matters, causing serious legal and personal consequences.
A recent decision by the Commission for the Control of INTERPOL’s Files (CCF) provides important guidance on how INTERPOL Notices in parental abduction cases are assessed, particularly under INTERPOL’s 2022 policy restricting Red Notices in such disputes. The ruling confirms that Red Notices cannot be used to override international custody decisions and clarifies how Yellow Notices should be evaluated—explicitly linking their validity to the child’s legal custody status.
For parents and legal practitioners challenging INTERPOL Notices in parental child abduction cases, this decision establishes a clear framework for contesting both Red and Yellow Notices and ensuring that INTERPOL’s systems are not misused in custody battles.
Challenging INTERPOL Red Notices for Parental Child Abduction
INTERPOL’s 2022 Policy: Restrictions on Red Notices in Custody Disputes
In 2022, INTERPOL’s General Secretariat implemented restrictions on the issuance of Red Notices for parental child abduction. These rules were designed to prevent the misuse of INTERPOL’s system in cross-border custody disputes.
Under this policy, a Red Notice cannot be issued if:
- There are conflicting custody rulings from courts in two different countries, and
- Either both parents have participated in legal proceedings in both jurisdictions, or
- The dispute is involved in Hague Convention proceedings, and custody was granted to the parent targeted by the Red Notice request.
While these restrictions were clear, how the CCF would apply them in practice remained uncertain. Prior CCF decisions in parental abduction cases predated the 2022 policy, leaving open questions on how strictly these limitations would be enforced.
A newly published CCF decision confirms that the Commission fully adheres to INTERPOL’s 2022 policy when reviewing Red Notices in parental abduction cases.
Recent CCF Decision: Red Notice Deemed Non-Compliant
The case before the CCF involved a father subject to a Red Notice for allegedly abducting his children after failing to return them to their mother. However, courts in two INTERPOL member countries had issued contradictory custody rulings:
- In one jurisdiction, the parents initially shared joint custody, but after the father failed to return the children, a court awarded sole custody to the mother in his absence.
- In another jurisdiction, where the father was residing, he was granted sole custody through a judicial order, following legal proceedings in which the mother actively participated and contested the decision.
The CCF ruled that both parents had fully engaged in legal proceedings, and the father had presented his custody rights as part of his legal defense. Given the contradictory rulings, the CCF determined that the case fell within the category of family law disputes, not criminal matters—making the Red Notice inconsistent with INTERPOL’s rules.
Challenging INTERPOL Yellow Notices in Parental Abduction Cases
How the CCF Evaluates Yellow Notices in Child Abduction Cases
Beyond its findings on Red Notices, this CCF decision clarifies the approach to Yellow Notices in parental child abduction cases. Traditionally, the Commission has assessed whether a Yellow Notice continues to serve its intended purpose—locating a missing person or identifying someone unable to identify themselves.
A common argument for challenging a Yellow Notice has been proving that the child’s location is already known to authorities. If the location was confirmed, the CCF often ruled that the notice had served its purpose and should be deleted.
A 2024 CCF decision reaffirmed this reasoning, ruling that a Yellow Notice remained valid because, although authorities had general knowledge of the child’s location, their precise whereabouts had not been confirmed, and the risk of international travel remained.
However, the newly published 2025 CCF decision introduces an additional layer of analysis: the child’s legal custody status.
Recent CCF Decision: Linking Location to Custody
In this case, the father had been granted sole custody in one jurisdiction, while the mother had obtained a conflicting custody ruling in a different country. The child resided with the father in the jurisdiction where he had been awarded custody.
The Commission assessed whether, under Article 90 of the Rules on the Processing of Data, the child could still be considered “missing”—the standard for issuing a Yellow Notice.
The CCF ultimately ruled that:
- Since the father had legal custody in one jurisdiction, and
- Authorities had confirmed both the child’s location and legal status,
- There were no factual grounds to consider the child missing.
Additionally, the NCB that issued the Yellow Notice failed to justify its continued necessity, despite knowing that the child was under lawful guardianship. On this basis, the Commission ruled that the Yellow Notice no longer served a valid purpose and ordered its deletion.
Challenging INTERPOL Notices in Parental Abduction Cases: Key Lessons from the CCF
This CCF decision represents a crucial step in preventing the misuse of INTERPOL’s Red and Yellow Notice systems in parental child abduction cases.
For parents and legal practitioners challenging INTERPOL Notices in child abduction cases, taking the right steps is crucial:
- Compile custody rulings from all relevant jurisdictions.
- Establish that both parents have engaged in legal proceedings.
- Highlight INTERPOL’s 2022 policy and the latest CCF decision.
- Work with specialized legal counsel to challenge wrongful INTERPOL notices.
With a strategic approach and a clear understanding of INTERPOL’s rules, affected individuals can take action to remove unjustified Red and Yellow Notices and ensure that parental child abduction cases are handled through proper legal channels.
For an in-depth legal analysis of this CCF decision, read the article co-authored by Charlie Magri and Ariel Rawls, available on Grossman Young & Hammond’s website.
