When we hear of abductions, the first thing we think is that a child has been snatched by a stranger. But there is another type of abduction, the type when a child is taken by one of its parents.Global research shows that the number of child abductions committed by parents far outweighs those committed by strangers. Most parents who abduct their child either feel that they have not been treated fairly in a custody battle and do whatever it takes to get their child back, or they simply do it out of revenge.

Last year, a German mother who has no custodial rights over her child, allegedly attempted to kidnap her son from the hands of the Maltese partner of the boy's father outside their Zabbar home. The person in question used a taser gun. Rewind to 2012, and this same mother had allegedly kidnapped her son but they were found on the Polish border. Snapshots of the mother using a taser gun were published by this newsroom.

In a separate case in late September last year, a German child was reported missing by his father. Earlier this week, The Malta Independent reported that the child's father was appealing for help after he set up a website dedicated to his missing son and he has told this newsroom that he is becoming increasingly anxious, the more time that passes.

The child has still not been found, despite various attempts by the father and the police. This newsroom was told by the police that the mother has allegedly left the Islands with the child without having informed the father beforehand. But the real question is why has the mother not yet been issued with a European Arrest Warrant?

The Attorney General's Office told this newsroom that it had filed an application on behalf of the Police Commissioner for the mother to deposit the child's passport in court. To our knowledge, this request has not been acceded to so far. It is unclear whether the mother used commercial or private means of transport to leave the Maltese Islands. This newsroom is still attempting to verify whether the child was under two prohibitory injunctions but the police have not confirmed this so far due to legal constraints, mainly data protection issues.

This newsroom is informed that the child - who is in the middle of a custody battle between the parents - could not leave the Islands before the civil case pending before the Maltese courts has been concluded. The child is five years old, which means that neither the father nor the mother can wake up one morning and decide to take him out of the country until the case has been heard.

Legal sources told this newsroom that in the event of a breach of a prohibitory injunction, the parent who absconds could be charged with a crime since he or she allegedly breached a court order.

But this newsroom could not confirm whether the prohibitory injunctions were issued in this case. Legal sources explained that if no injunctions have been issued, then the mother did not break the law by taking the child out of the country. Without going into the merits of this particular case, our legal sources said that when this happens, the parent might have broken an agreement with the partner but has not broken the law.

In the event that there was a prohibitory injunction issued in respect of the child, then it is a different story and, once traced, the child may be brought back to Malta by the application of a clause listed in The Hague Convention which, in a nutshell, is referred to as the prompt return of children abducted from one country to another. The parent who committed the crime would then be charged with abduction. This may be the reason why the Malta Police have not yet issued a European Arrest Warrant four months down the line, since it may be the case that no injunction has been issued.

The other legitimate question is whether one party can take the child away from the other when both parents have equal custodial rights? Our sources confirmed that it does not matter whether both the parents have equal custodial rights. What matters most is if a custodial decree has been issued. In simpler terms, this means that - in the eyes of the court - the child is better off living with the father or the mother, at least until the case is heard. If this is the case, then the same Hague Convention provision applies once again.

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty, the aim of which is to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return.