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Hague Convention Information |
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Page 1 of 4 Herein these pages you will find an abundance of information pertaining
to the Hague Convention on the Civil Aspects of International
Child Abduction.
Not only do we have a up to date listing of the signatory countries,
you'll also get an in depth view of how and why this treaty works.
Much of this information you'll pay your lawyer in fee's, here you get
it for nothing, along with written and proven articles on how best to
win a Hague Case.
We encourage ALL parents to empower yourself with information, afterall
information is power, with power you control your case or situation,
never ever just leave it to lawyers to 'represent' you, once you take
control of your application you have the power to make important
choices for your case, there are many so called 'specialists' in this
field, who end up doing more harm for parents than good - don't
be another statistic.
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION
(Concluded 25 October 1980)
(Entered into force 1 December 1983)
The States signatory to the present Convention,
Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,
Desiring to protect children internationally from the harmful effects
of their wrongful removal or retention and to establish procedures to
ensure their prompt return to the State of their habitual residence, as
well as to secure protection for rights of access,
Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions –
CHAPTER I – SCOPE OF THE CONVENTION
Article 1
The objects of the present Convention are –
a) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
b) to ensure that rights of custody and of access under the law of one
Contracting State are effectively respected in the other Contracting
States.
Article 2
Contracting States shall take all appropriate measures to secure within
their territories the implementation of the objects of the Convention.
For this purpose they shall use the most expeditious procedures
available.
Article 3
The removal or the retention of a child is to be considered wrongful where –
a) it is in breach of rights of custody attributed to a person, an
institution or any other body, either jointly or alone, under the law
of the State in which the child was habitually resident immediately
before the removal or retention; and
b) at the time of removal or retention those rights were actually
exercised, either jointly or alone, or would have been so exercised but
for the removal or retention.
The rights of custody mentioned in sub-paragraph a) above, may arise in
particular by operation of law or by reason of a judicial or
administrative decision, or by reason of an agreement having legal
effect under the law of that State.
Article 4
The Convention shall apply to any child who was habitually resident in
a Contracting State immediately before any breach of custody or access
rights. The Convention shall cease to apply when the child attains the
age of 16 years.
Article 5
For the purposes of this Convention –
a) "rights of custody" shall include rights relating to the care of the
person of the child and, in particular, the right to determine the
child's place of residence;
b) "rights of access" shall include the right to take a child for a
limited period of time to a place other than the child's habitual
residence.
CHAPTER II – CENTRAL AUTHORITIES
Article 6
A Contracting State shall designate a Central Authority to discharge
the duties which are imposed by the Convention upon such authorities.
Federal States, States with more than one system of law or States
having autonomous territorial organizations shall be free to appoint
more than one Central Authority and to specify the territorial extent
of their powers. Where a State has appointed more than one Central
Authority, it shall designate the Central Authority to which
applications may be addressed for transmission to the appropriate
Central Authority within that State.
Article 7
Central Authorities shall co-operate with each other and promote
co-operation amongst the competent authorities in their respective
State to secure the prompt return of children and to achieve the other
objects of this Convention.
In particular, either directly or through any intermediary, they shall take all appropriate measures –
a) to discover the whereabouts of a child who has been wrongfully removed or retained;
b) to prevent further harm to the child or prejudice to interested
parties by taking or causing to be taken provisional measures;
c) to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d) to exchange, where desirable, information relating to the social background of the child;
e) to provide information of a general character as to the law of their
State in connection with the application of the Convention;
f) to initiate or facilitate the institution of judicial or
administrative proceedings with a view to obtaining the return of the
child and, in a proper case, to make arrangements for organizing or
securing the effective exercise of rights of access;
g) where the circumstances so require, to provide or facilitate the
provision of legal aid and advice, including the participation of legal
counsel and advisers;
h) to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
i) to keep each other informed with respect to the operation of this
Convention and, as far as possible, to eliminate any obstacles to its
application.
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