The Hague Convention on the Civil Aspects of International Child Abduction (Oct. 25, 1980, T.I.A.S. No. 11670) is not a vehicle for deciding child access questions. Instead, its main purpose is to ensure that abducted children are returned to their country of habitual residence.
The Hague Convention and International Child Abduction: An Overview
The Hague Convention on the Civil Aspects of International Child Abduction (Oct. 25, 1980, T.I.A.S. No. 11670) is not a vehicle for deciding child access questions. Instead, its main purpose is to ensure that abducted children are returned to their country of habitual residence. It presumes that custody and visitation disputes are properly resolved in the country where the child habitually resides. The Convention applies in cases where: 1) both the country of the child's habitual residence and the country to which the child was taken have acceded to the Convention; 2) the child in question is younger than 16 years of age; and 3) the child has been "wrongfully removed or retained" in breach of rights of custody under the law of the state of the child's habitually residence.
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Jeremy D. MorleyThis premium content is locked for LawJournalNewsletters subscribers only
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