Intercountry Child Abduction

WHAT IS THE HAGUE CONVENTION ON CHILD ABDUCTION?

The Hague Convention on the Civil Aspects of International Child Abduction, commonly known as the Hague Abduction Convention or the Hague Convention on Child Abduction, is a multilateral treaty that aims to protect children from the harmful effects of abduction and retention across international borders by providing a legal framework for their prompt return to their country of habitual residence.

The Convention was adopted in 1980 by the member states of the Hague Conference on Private International Law and came into force in 1983. As of 2021, there are 101 countries that are parties to the Convention.

The Convention applies to children under the age of 16 who are habitually resident in one Convention country and have been wrongfully removed or retained in another Convention country in breach of the custodial rights of a person, institution, or other body in relation to the child. The Convention requires the prompt return of the child to the country of habitual residence, except in limited circumstances, such as where there is a grave risk that the child's return would expose them to physical or psychological harm or place them in an intolerable situation.

The Convention also provides for cooperation between the relevant authorities of the Convention countries in locating and returning abducted children and in securing the effective exercise of rights of access to the child.

In practice, the Hague Abduction Convention is used by parents or legal guardians seeking the return of a child who has been wrongfully removed or retained by the other parent or guardian in another country. The Convention provides a legal mechanism for the prompt return of the child and the resolution of disputes related to custody and access in a manner that is more efficient and predictable than relying on national laws.