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About the Hague Convention
What is it?
The 1980 Hague Convention on the Civil Aspects of International Child Abduction is designed to discourage parental child abduction and to "secure the prompt return" of children wrongfully removed or kept away from their home country ('country of habitual residence').
The Convention is based on the belief that it is in the child's best interest to be returned home quickly, and that decisions about the care and welfare of a child are best made in his or her home country. In this way, the abducting parent can also not profit by choosing one legal system over another ('forum shopping'). However, there are some exceptions.
Full text of the Convention
Exceptions to a return
A return order may be refused if the court believes that:
- The child would be exposed to a "grave risk of physical or psychological harm" or put "in an intolerable situation" if sent home.
- The child "objects to being returned" and is old and mature enough to have his or her views taken into account.
- The left-behind parent was not exercising rights of custody or that he or she consented or acquiesced to the removal or retention.
Exceptions and Other Pitfalls
Who has signed up?
75 countries at present. We would also like to see the Convention grow further. But only with countries who can meet their obligations and whose laws and culture enable them to adhere to the Convention.
List of Hague Convention signatory countries
How does it work?
The Convention is designed to provide a simple and speedy procedure. It is a private law remedy so that generally you, not the governments, will be party to the legal action. Each Member State has an administrative body, known as the Central Authority. Its duty is to send and receive requests for the return of children. Its role is to facilitate the legal or administrative proceedings.
Directory of Central Authorities
When was the Convention adopted and who oversees its application?
The Hague Convention was first concluded in October 1980. It came into force in 1986. Many countries have since ratified or acceded. The operation of the Convention is monitored by the Hague Conference. The activities of the Conference are organised by the Permanent Bureau. Every 4 years Member States are invited to The Hague to discuss and review the operation of the Convention ("the Special Review Commission"). The Permanent Bureau has limited powers. It cannot intervene in individual cases. It has no controlling or regulatory powers over individual countries.
Date of Accession or Ratification
What does it need?
To work effectively, the Convention must be interpreted and applied in a uniform way by its Member States. Unfortunately, it is not always the case. The Convention does not set a uniform international standard on how to interpret and enforce orders. Countries have different legal systems. So their procedures will vary. For example, countries have different ways of hearing cases and taking evidence. Some provide financial assistance. Others do not. In some countries, the Central Authority makes the application for the return. In others, the aggrieved parent has to make the application through a local lawyer.
What the Hague Convention Can and Cannot Do
How can it be improved?
By returning — save in exceptional circumstances — abducted children to their country of habitual residence quickly. At present, according to a 1997 ABA (American Bar Association) study, the rate of return varies from 5% to 95% between countries. And proceedings range between 6 weeks to 2 years or more.
What do we suggest?
- Raising its profile and strengthening the role of the Permanent Bureau by giving it an enforcement role.
- Increasing the involvement of Governments and authorities in locating abducted children.
- Increasing general awareness on the traumatic effects of abduction on children.
- Improving communication between member states: each state relies on the other members to apply the Convention efficiently and fairly.
- Reducing the number of courts, and improving the training of judges. In countries where Convention cases are heard centrally — at the high court level — by a small number of expert judges, the system works well. In countries, where cases are first heard at the lower level, by judges who are inexperienced, children are often not returned.
- Speeding up proceedings to ensure that abducted children are returned quickly.
- Agreeing a consistent and restrictive use of the 'exceptions'. In some countries the objections (Article 13) have almost become the rule.
- Ensuring that return orders are enforced. In some countries abduction is not considered a criminal act and return orders are not enforced. In others the enforcement process can take several months and does not always end in a return.
- Assisting parents with legal aid to fight their case.
- Improving access provisions.
In conclusion
We want to raise the Convention's profile further, and try to ensure that countries enforce it properly. The Convention is still the most effective legal means to have a child returned. It is often almost impossible to secure the return of a child abducted to a non-Convention country.
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