Education and Child Matters

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The Hague Convention On The Civil Aspects Of International Child Abduction

 

LINK TO THE CONVENTION OF 25 OCTOBER 1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION. 

WHAT IS THE HAGUE CONVENTION FOR CHILDREN?

The 1996 Hague Convention in an international treaty to look after and protect the rights of children in international situations. 

WHAT IS THE HAGUE CONVENTION ON THE CIVIL ASPECTS ON INTERNATIONAL CHILD ABDUCTION?

The 1980 (25th October 1980) Hague Convention on the Civil Aspects of International Child Abduction is about the return of abducted and wrongfully removed children to the country where they were habitually resident or abducted from.  

If a child has been wrongfully retained or taken abroad without the consent of a parent who has the rights of custody then this parent can submit an application to the Hague Convention so they can start proceedings to return the child. 

The country from where the child was taken and the country where the child has been taken to must both be parties to the convention/must have ratified the convention. 

This Hague Convention enables member countries to work in unison to sort out international abduction cases.

WHAT DOES HABITUALLY RESIDENT MEAN?

To be habitually resident means this is where the child’s life is based, they are settled there, they go to school or college there, and their main family life is there.   

WHO DOES THIS HAGUE CONVENTION FOR CHILD ABDUCTION APPLY TO?

All children aged from birth up to the age of 18 years.

HOW MANY COUNTRIES HAVE SIGNED UP TO THE HAGUE CONVENTION FOR CHILD ABDUCTION?

91 countries have signed up for the convention and ratified the treaty. These countries are called the Hague Convention States. 

WHAT ARE SOME OF THE IMPORTANT FEATURES OF THE HAGUE CONVENTION FOR CHILD ABDUCTION?

Some important features of the treaty are:

1. Every country must have a central main point of contact whom parents, organisations, governments, and anyone else involved in abduction cases can contact. This central main point of contact is referred to as the central authority of that country.

2. The central main point of contact of a country has the responsibility to do the following:

    • Aid in locating abducted children.
    • Encourage and put forward amicable solutions to resolving abduction cases.
    • Help with the safe return of abducted children.

3. The documents and applications sent by the central main point of contact of one country to another country where the child has been abducted to are accepted and are valid in the courts of the country. These documents and applications are not required to follow the formalities applied to other foreign documents and applications. 

4. A parent only needs to show proof of parenthood or marriage according to the law’s of the habitual residence country. 

5. The immigration status and nationality of the abducted child or their parents does not affect the child being returned to their habitual residence.

DOES FILING AN APPLICATION WITH THE HAGUE CONVENTION MEAN THAT AN ABDUCTED CHILD WILL BE RETURNED?

Unfortunately it does not. The organisations, governments and individuals involved will try their best but it doesn’t always guarantee a successful return.

WHAT DOES A PARENT NEED TO SHOW BEFORE AN APPLICATION IS MADE TO THE HAGUE CONVENTION?

A parent must prove the following:

  1. The abducted child is habitually resident in a country that is a convention state. 
  2. The child has been wrongfully removed or retained in another country that is a convention state.
  3. The removal or retention of your child is a violation of your rights of custody and you had these rights at the time of abduction.
  4. Both countries must be convention states when the abduction took place and the countries must have treaty partnership between them.
  5. Your child is under 16 years of age.  

UNDER WHICH CIRCUMSTANCES CAN A COURT IN THE COUNTRY WHERE THE CHILD HAS BEEN ABDUCTED TO REFUSE TO RETURN THE CHILD TO THE COUNTRY WHERE THEY HAVE BEEN ABDUCTED FROM?

There are many reasons why a court may not return an abducted child. They are:

  1. The parent in the country where the child was abducted from does not have rights of custody. 
  2. There would be a violation of the principles of human rights and freedoms of the country where the child has been abducted to.
  3. The parent in the country where the child was ‘abducted’ agreed and consented to the removal of the child.
  4. It has been a year since the child was abducted and the child has now settled and is doing well in the new country. 
  5. The return of the child could physically and psychologically harm the child.
  6. The return of the child could put the child in a bad situation.
  7. The child has expressed that they do not wish to return and are at an age where they can comprehend what is happening and make a decision. 

For more information about abduction please click on the following link.

LINK TO OUR L.I.P HELP GUIDE FOR CHILD LOSS THROUGH ABDUCTION