The Hague Convention is a set of treaties or agreements that a number of countries, including the United States, signed and use to deal with legal issues across international borders. One aspect of the Hague Convention is about child abduction.
When parents from different countries get a divorce, it can happen that one of the parents takes a child to another country without the other parent’s consent.
The Hague Convention on the Civil Aspects of International Child Abduction helps solve these problems.
How it works
The process of recovering physical custody of a child via the Hague Convention consists of:
- The parent files a case under the Hague Convention
- The court of the country where the child is located evaluates whether the child should be returned to the other country
- The court evaluates whether the child was abducted, or taken against the law, by the parent who took the child.
- The court decides, under the agreements in the Hague Convention and the facts, whether to return the child. After that, the parents must handle any other custody matters in the child’s home country.
There are some exceptions where a court may not return the child.
Exceptions
For example, the court may make an exception if returning them would place them in danger or if the child is old enough to express their desire to remain in that country and they have established residency over a certain period of time.
Understanding the Hague Convention is crucial in international divorce cases. It helps protect children and ensures that parents follow legal processes when moving across borders.
If you’re facing an international divorce or child abduction issue, consulting with a family law attorney who understands the Hague Convention can make a big difference.
