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OF INTERNATIONAL CHILD ABDUCTION We provide this page as a public service. Child Abduction
is a serious problem around the world. In order to provide a method to
protect children from abduction internationally, The Hague Conference on
Private International Law negotiated this wide-ranging agreement to provide a
procedural method to obtain return of children abducted from one country to
another. The terms of the Hague Convention on the Civil Aspects of
International Child Abduction apply only
between countries that have both accepted the provisions of the
Convention. The information provided on the following pages is not
intended to provide legal advice and does not create an attorney-client
relationship between the viewer and Ronald
W Nelson, PA. See our disclaimer page for
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Article
on the Hague Convention and International Child Abduction
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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
b. to ensure that rights of custody and
of access under the law of one
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
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
Article 7
Central Authorities shall
co-operate with each other and promote co-operation amongst the competent
authorities in their respective States 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 other each other informed with respect to the operation of
this Convention and, as far as possible, to eliminate any obstacles to its
application.
CHAPTER III - RETURN OF CHILDREN
Article 8
Any person, institution or other body claiming that a child has been removed
or retained in breach of custody rights may apply either to the Central
Authority of the child's habitual residence or to the Central Authority of
any other Contracting State for assistance in securing the return of the
child.
The application shall
contain –
a. information concerning the
identity of the applicant, of the child and of the person alleged to have
removed or retained the child;
b. where available, the date of birth
of the child;
c. the grounds on which the
applicant's claim for return of the child is based;
d. all available information relating to
the whereabouts of the child and the identity of the person with whom the
child is presumed to be.
The application may be
accompanied or supplemented by –
a. an authenticated copy of any
relevant decision or agreement;
b. a certificate or an affidavit
emanating from a Central Authority, or other competent authority of the State
of the child's habitual residence, or from a qualified person, concerning the
relevant law of that State;
c. any other relevant document.
Article 9
If the Central Authority
which receives an application referred to in Article 8 has reason to believe
that the child is in another Contracting State, it shall directly and without
delay transmit the application to the Central Authority of that Contracting
State and inform the requesting Central Authority, or the applicant, as the
case may be.
Article 10
The Central Authority of
the State where the child is shall take or cause to be
taken all appropriate measures in order to obtain the voluntary return
of the child.
Article 11
The judicial or
administrative authorities of Contracting States shall act expeditiously in
proceedings for the return of children.
If the
judicial or administrative authority concerned has not reached a decision
within six weeks from the date of commencement of the proceedings, the
applicant or the Central Authority of the requested State, on its own
initiative or if asked by the Central Authority of the requesting State,
shall have the right to request the Central Authority of the requested State,
that Authority shall transmit the reply to the Central Authority of the
requesting State, or to the applicant, as the case may be.
Article 12
Where a
child has been wrongfully removed or retained in terms of Article 3 and, at
the date of the commencement of the proceedings before the judicial or
administrative authority of the Contracting State where the child is, a
period of less than one year has elapsed from the date of the wrongful
removal or retention, the authority concerned shall order the return of the
child forthwith.
The judicial or
administrative authority, even where the proceedings have
been commenced after the expiration of the period of one year referred
to in the preceding paragraph, shall also order the return of the child,
unless it is demonstrated that the child is now settled in its new
environment.
Where the judicial or
administrative authority in the requested State has reason to believe that
the child has been taken to another State, it may
stay the proceedings or dismiss the application for the return of the child.
Article 13
Notwithstanding the
provisions of the preceding Article, the judicial or administrative authority
of the requested State is not bound to order the return of the child if the
person, institution or other body which opposes its return establishes that
–
a. the person, institution or other
body having the care of the person of the child was not actually exercising
the custody rights at the time of removal or retention, or had consented to
or subsequently acquiesced in the removal of retention; or
b. there is a grave risk that his or her
return would expose the child to physical or psychological harm or otherwise
place the child in an intolerable situation.
The judicial or
administrative authority may also refuse to order the return of the child if
it finds that the child objects to being returned and has attained an age and
degree of maturity at which it is appropriate to take account of its views.
In considering
the circumstances referred to in this Article, the judicial and
administrative authorities shall take into account the information relating
to the social background of the child provided by the Central Authority or
other competent authority of the child's habitual residence.
Article 14
In
ascertaining whether there has been a wrongful removal of retention within
the meaning of Article 3, the judicial or administrative authorities of the
requested State may take notice directly of the law of, and of judicial or
administrative decisions, formally recognized or not in the State of the
habitual residence of the child, without recourse to the specific procedures
for the proof of that law or for the recognition of foreign decisions which
would otherwise be applicable.
Article 15
The
judicial or administrative authorities of a Contracting State may, prior to
the making of an order for the return of the child, request that the
applicant obtain from the authorities of the State of the habitual residence
of the child a decision or other determination that the removal or retention
was wrongful within the meaning of Article 3 of the Convention, where such a
decision or determination may be obtained in that State. The Central Authorities of the
Contracting States shall so far as practicable assist applicants to obtain
such a decision or determination.
Article 16
After
receiving notice of a wrongful removal or retention of a child in the sense
of Article 3, the judicial or administrative authorities of the Contracting
State to which the child has been removed or in which it has been retained
shall not decide on the merits of rights of custody until it has been
determined that the child is not to be returned under this Convention or
unless an application under the Convention is not lodged within a reasonable
time following receipt of the notice.
Article 17
The sole fact that a
decision relating to custody has been given in or is
entitled to recognition in the requested State shall not be a ground for
refusing to return a child under this Convention, but the judicial or
administrative authorities of the requested State may take account of the
reasons for that decision in applying this Convention.
Article 18
The provisions of this
Chapter do not limit the power of a judicial or administrative authority to
order the return of the child at any time.
Article 19
A decision under this
Convention concerning the return of the child shall not be
taken to be determination on the merits of any custody issue.
Article 20
The return of the child
under the provision of Article 12 may be refused if
this would not be permitted by the fundamental principles of the requested
State relating to the protection of human rights and fundamental freedoms.
Article 21
An application to make
arrangements for organizing or securing the effective exercise of rights of
access may be presented to the Central Authorities
of the Contracting States in the same way as an application for the return of
a child.
The Central Authorities
are bound by the obligations of co-operation which are set
forth in Article 7 to promote the peaceful enjoyment of access rights
and the fulfillment of any conditions to which the exercise of such rights
may be subject. The central Authorities shall take steps to remove, as far as
possible, all obstacles to the exercise of such rights. The Central
Authorities, either directly or through intermediaries, may initiate or
assist in the institution of proceedings with a view to organizing or
protecting these rights and securing respect for the conditions to which the
exercise of these rights may be subject.
Article 22
No security, bond or deposit, however described, shall be required to
guarantee the payment of costs and expenses in the judicial or administrative
proceedings falling within the scope of this Convention.
Article 23
No legalization or
similar formality may be required in the context of this Convention.
Article 24
Any application,
communication or other document sent to the Central Authority of the
requested State shall be in the original language, and shall
be accompanied by a translation into the official language or one of
the official languages of the requested State or, where that is not feasible,
a translation into French or English.
However, a
Article 25
Nationals of the
Contracting States and persons who are habitually resident within those
States shall be entitled in matters concerned with the application of this
Convention to legal aid and advice in any other Contracting State on the same
conditions as if they themselves were nationals of and habitually resident in
that State.
Article 26
Each Central Authority
shall bear its own costs in applying this Convention.
Central Authorities and
other public services of Contracting States shall not impose any charges in
relation to applications submitted under this Convention. In particular, they
may not require any payment from the applicant towards the costs and expenses
of the proceedings or, where applicable, those arising from the participation
of legal counsel or advisers. However, they may require the payment of the
expenses incurred or to be incurred in implementing
the return of the child.
However, a Contracting
State may, by making a reservation in accordance with Article 42, declare
that it shall not be bound to assume any costs referred to in the preceding
paragraph resulting from the participation of legal counsel or advisers or
from court proceedings, except insofar as those costs may be covered by its
system of legal aid and advice.
Upon
ordering the return of a child or issuing an order concerning rights of
access under this Convention, the judicial or administrative authorities may,
where appropriate, direct the person who removed or retained the child, or
who prevented the exercise of rights of access, to pay necessary expenses
incurred by or on behalf of the applicant, including travel expenses, any
costs incurred or payments made for locating the child, the costs of legal
representation of the applicant, and those of returning the child.
Article 27
When it is manifest that
the requirements of this Convention are not fulfilled
or that the application is otherwise not well founded, a Central Authority is
not bound to accept the application. In that case, the Central Authority
shall forthwith inform the applicant or the Central Authority through which
the application was submitted, as the case may be,
of its reasons.
Article 28
A Central Authority may
require that the application be accompanied by a written authorization
empowering it to act on behalf of the applicant, or
to designate a representative so to act.
Article 29
This Convention shall not
preclude any person, institution or body who claims
that there has been a breach of custody or access rights within the meaning
of Article 3 or 21 from applying directly to the judicial or administrative
authorities of a
Article 30
Any application submitted
to the Central Authorities or directly to the judicial or administrative
authorities of a
Article 31
In relation to a State
which in matters of custody of children has two or more systems of law
applicable in different territorial units –
a. any reference to habitual
residence in that State shall be construed as referring to habitual residence
in a territorial unit of that State;
b. any reference to the law of the State
of habitual residence shall be construed as referring to the law of the
territorial unit in that State where the child habitually resides.
Article 32
In relation to a State which in matters of custody of children has two or
more systems of law applicable to different categories of persons, any
reference to the law of that State shall be construed as referring to the
legal system specified by the law of that State.
Article 33
A State within which
different territorial units have their own rules of law in respect of custody
of children shall not be bound to apply this Convention where a State with a
unified system of law would not be bound to do so.
Article 34
This Convention shall
take priority in matters within its scope over the Convention of 5 October
1961 concerning the powers of authorities and the law applicable in respect
of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the
application of an international instrument in force between the State of
origin and the State addressed or other law of the State addressed for the
purposes of obtaining the return of a child who has been wrongfully removed
or retained or of organizing access rights.
Article 35
This Convention shall
apply as between Contracting States only to wrongful removals or retentions
occurring after its entry into force in those States.
Where a declaration has
been made under Article 39 or 40, the reference in the preceding paragraph to
a
Article 36
Nothing in this
Convention shall prevent two or more
Article 37
The Convention shall be
open for signature by the States which were Members
of the Hague Conference on Private International Law at the time of its
Fourteenth Session.
It shall be ratified, accepted or approved and the instruments of ratification,
acceptance or approval shall be deposited with the Ministry of Foreign
Affairs of the Kingdom of the
Article 38
Any other State may
accede to the Convention. The instrument of accession shall
be deposited with the Ministry of Foreign Affairs of the Kingdom of
the
The Convention shall
enter into force for a State acceding to it on the first day of the third
calendar month after the deposit of its instrument of accession.
The accession will have
effect only as regards the relations between the acceding State and such
The Convention will enter
into force as between the acceding State and the State that has declared its
acceptance of the accession on the first day of the third calendar month
after the deposit of the declaration of acceptance.
Article 39
Any State may, at the
time of signature, ratification, acceptance, approval
or accession, declare that the Convention shall extend to all the territories
for the international relations of which it is responsible, or to one or more
of them. Such a declaration shall take effect at the time the Convention
enters into force for that State.
Such declaration, as well
as any subsequent extension, shall be notified to
the Ministry of Foreign Affairs of the Kingdom of the
Article 40
If a
Contracting State has two or more territorial units in which different
systems of law are applicable in relation to matters dealt with in this
Convention, it may at the time of signature, ratification, acceptance,
approval or accession declare that this Convention shall extend to all its
territorial units or only to one or more of them and may modify this declaration
by submitting another declaration at any time.
Any such declaration shall be notified to the Ministry of Foreign Affairs of
the Kingdom of the
Article 41
Where a
Contracting State has a system of government under which executive, judicial
and legislative powers are distributed between central and other authorities
within that State, its signature or ratification, acceptance or approval of,
or accession to this Convention, or its making of any declaration in terms of
Article 40 shall carry no implication as to the internal distribution of
powers within that State.
Article 42
Any State may, not later
than the time of ratification, acceptance, approval
or accession, or at the time of making a declaration in terms of Article 39
or 40, make one or both of the reservations provided for in Article 24 and
Article 26, third paragraph. No other reservations shall be
permitted. Any State may at any time withdraw a reservation it has
made. The withdrawal shall be notified to the
Ministry of Foreign Affairs of the Kingdom of the
Article 43
The Convention shall
enter into force on the first day of the third calendar month after the
deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.
Thereafter the Convention
shall enter into force –
1. for each State
ratifying, accepting, approving or acceding to it subsequently, on the first
day of the third calendar month after the deposit of its instrument of
ratification, acceptance, approval or accession;
2. for
any territory or territorial unit to which the Convention has been extended
in conformity with Article 39 or 40, on the first day of the third calendar
month after the notification referred to in that Article.
Article 44
The Convention shall remain
in force for five years from the date of its entry into force in accordance
with the first paragraph of Article 43 even for States
which subsequently have ratified, accepted, approved it or acceded to
it.
If there has been no
denunciation, it shall be renewed tacitly every five
years.
Any denunciation shall be
notified to the Ministry of Foreign Affairs of the Kingdom of the
The denunciation shall
have effect only as regards the State which has
notified it. The Convention shall remain in force for the other Contracting
States.
Article 45
The Ministry of Foreign
Affairs of the Kingdom of the
1. the signatures and
ratifications, acceptances and approvals referred to in Article 37;
2. the accession referred
to in Article 38;
3. the date on which the
Convention enters into force in accordance with Article 43;
4. the extensions
referred to in Article 39;
5. the declarations
referred to in Articles 38 and 40;
6. the reservations referred
to in Article 24 and Article 26, third paragraph, and the withdrawals
referred to in Article 42;
7. the
denunciation referred to in Article 44. In witness whereof the undersigned,
being duly authorized thereto, have signed this Convention.
Done at
The Hague, on the 25th day of October, 1980, in the English and French
languages, both texts being equally authentic, in a single copy which shall
be deposited in the archives of the Government of the Kingdom of the
Netherlands, and of which a certified copy shall be sent, through diplomatic
channels, to each of the States Members of the Hague Conference on Private
International Law at the date of its Fourteenth Session.
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