Hague Convention on International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction provides an expedited legal process for addressing the wrongful removal or retention of children across international borders. The Convention generally applies when a child under the age of sixteen is removed from, or prevented from returning to, the country of the child's habitual residence in violation of another person's custody rights. Its central purpose is to restore the child to the appropriate jurisdiction so that custody issues may be decided there.
A Hague Convention proceeding is not a traditional child-custody case. The court ordinarily does not determine which parent should receive custody or where the child should ultimately live. Instead, it considers whether the removal or retention was wrongful and whether the child should be promptly returned to the country of habitual residence.
These cases require immediate attention. When proceedings begin within one year of the wrongful removal or retention, the Convention generally directs that the child be returned promptly. Although limited defenses may apply, including consent or acquiescence, grave risk of harm, or the objection of a sufficiently mature child, those defenses are narrowly considered in light of the Convention's return objectives.
We assist parents in pursuing or defending Hague Convention petitions, determining a child's habitual residence, evaluating custody and access rights, coordinating with foreign counsel and Central Authorities, and presenting the evidence required in federal or state court. Because delay can materially affect the available remedies, parents facing an international removal or retention should seek legal guidance as soon as possible.