Welfare Visits Confirmed Him Safe, and He Was Still “Missing”

Welfare visits confirmed, more than once, that the child was safe, thriving and living with his mother — the father’s own family had seen him under a court order, and he had sent a passport-renewal consent form. The Yellow Notice still described the child as missing. The Commission deleted it: a child who has been located repeatedly is not missing merely because he lives with the wrong parent.

Two authorities, two accounts of the same visits

Child-welfare officials in the mother’s country visited the child on several occasions, most recently shortly before the review, each time confirming his location and reporting that he was being raised in a loving, secure environment. The father had spoken with the child, sent consent for a passport renewal, and his own family had seen the child following a court order. The Yellow Notice published on INTERPOL’s website even used a photograph taken during one of those very welfare visits.

The requesting country’s position was that the child remained missing regardless: he had been removed without permission, remained outside the country, and — because the two countries were not bound by the Hague Convention on child abduction — the alert needed to stay in place to warn any Hague-member country the child might later travel to.

Location is the only question a Yellow Notice asks

The Commission went directly to the purpose of the instrument. A Yellow Notice exists to locate a missing person, and here the location had been confirmed repeatedly, by welfare visits that produced photographs, addresses and written reports — not by the mother’s own assertions, which is what makes this decision stronger than similar cases resting only on a parent’s word.

What this decision teaches

Decision extract published by INTERPOL · catalogue reference ccf-2018-09 · 2018 · Yellow Notice · data deleted. Read the full extract (PDF). Source: interpol.int. Names, countries and dates are redacted in the published extract.

If welfare authorities have already confirmed your child’s location and wellbeing, those reports — not your own account — are what will move a Yellow Notice. Send us any welfare or wellbeing visit reports you have and we will tell you how to use them.

When a Yellow Notice has already found its purpose

My child has been seen and photographed by welfare officials. Isn’t the notice pointless now?

It should be. A Yellow Notice exists to locate a missing person, and confirmed location — especially through an official welfare visit rather than a parent’s own word — has been held to satisfy that purpose.

The two countries involved are not both party to the Hague Convention. Does that keep the notice alive?

No. The absence of a Hague Convention relationship explains why certain custody remedies are unavailable, but it does not change the narrow question a Yellow Notice asks, which is whether the child has been located.

Can a notice be removed from INTERPOL’s public website, not just its internal files?

Yes, and where the published photograph or details came from evidence that now proves the person located, removal from the public website has been ordered alongside deletion from the files.

This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified lawyer.

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