International Child Abduction
Some of the parents asked us for legal help in Hague Convention on International Child Abduction.
If you believe that your child has been wrongfully removed from their home country, it is critical to act quickly by seeking professional legal advice.
International child abduction is a complex legal matter, and swift action can make a significant difference in resolving the issue effectively.
In this guide, we aim to address some of the most common questions and concerns that arise when dealing with international child abduction cases
Our legal work is focused especially under the Hague Convention on the Civil Aspects of International Child Abduction (1980).
What is the Hague Convention on Child Abduction?
The Hague Convention (1980) is a multilateral treaty designed to protect children from international abduction by a parent or guardian.
Its primary purpose is to ensure the prompt return of children to their country of habitual residence.
The treaty applies between countries that are signatories to the Convention, and it establishes procedures for the return of abducted children under the age of 16.
The key principle behind the Convention is that custody decisions should be made by the courts in the child’s country of habitual residencе and not by any jurisdiction to which the child has been abducted.
This helps prevent “forum shopping,” where a parent might seek a favorable custody ruling by relocating the child to another country.
How Does the Hague Convention Work?
When a child is abducted and taken to another country, the left-behind parent can submit an application for the child’s return under the Hague Convention.
This application is usually made to a designated Central Authority in either the country of habitual residence or the country where the child has been taken.
The Central Authority is responsible for facilitating communication between the involved parties and coordinating the legal process to ensure the child’s prompt return.
Once an application is filed, courts in the country where the child is located are obligated to determine whether the removal or retention of the child was wrongful.
If the removal breaches custodial rights granted by the child’s home country, the court will usually order the child’s return unless there are certain exceptions, such as if returning the child would pose a risk of physical or psychological harm.
The Importance of Acting Quickly
Time is of the essence in Hague Convention cases.
The Convention sets a time frame of one year from the date of the abduction or wrongful retention to apply for the child’s return.
After one year, courts may still order the return of the child
They have more discretion and might deny the application if the child is settled in their new environment.
Therefore, it is essential to act as soon as you believe your child has been wrongfully removed or retained.
Legal Aid for Hague Convention Cases
Legal Aid is available to both the left-behind parent and, in some cases, the abducting parent in Hague Convention cases.
For the left-behind parent, public funding is often automatically available, regardless of financial circumstances, as the legal system recognizes the urgency and complexity of these cases.
Even if you are the parent who has taken the child abroad, you may still apply for legal aid, though your financial means will be assessed, and funding is not automatically guaranteed.
Exceptions to the Hague Convention
While the Hague Convention mandates the prompt return of abducted children, there are certain exceptions. A court may refuse to return a child if:
1. Grave Risk of Harm:
There is evidence that returning the child would expose them to physical or psychological harm or place them in an intolerable situation.
2. Child’s Objection: If the child is of a sufficient age and maturity, the court may consider their objections to being returned.
3. Consent or Acquiescence:
If the left-behind parent consented to or later acquiesced in the child’s removal, the court may refuse to order the child’s return.
4. Human Rights:
The court may consider whether returning the child would violate their human rights or fundamental freedoms.
These exceptions, however, are strictly interpreted,
Тhe primary focus remains on returning the child to their home country so that custody disputes can be handled by the appropriate jurisdiction.
Next Steps
If you are involved in an international child abduction case, the first step is to seek immediate legal advice.
By acting quickly and understanding the options available under the Hague Convention, parents can take effective steps to resolve what is often a distressing and challenging situation.
For more information or to speak with an expert from our international child abduction team, contact us today.
We are here to support you through every step of the process
