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What the Hague Convention Can and Cannot Do
The dates on which the Convention came into force between your country and the country to which your child has been taken to is important. The Convention will not apply if your child was taken before that date.
Date of Accession or Ratification
What can I apply for?
Under the Hague Convention you can make an application for:
- The return of your child if he or she was taken to or retained in another signatory country, in breach of your custody rights.
- Securing rights of access to your child if he or she lives in another signatory country.
What conditions need to be met?
A. For a return:
- Your child is not yet 16 years old
- Your child was habitually resident in the country in which you make your application
- You have rights of custody *
- You were exercising your rights of custody
- Your application is made within one year from the date of the removal or retention
You did not consent to the removal or retention of your child
If one of these requirements is not met your child will not be returned under the Convention.
* You may be required to have a court order — or legal agreement — giving you rights of custody (this may include orders made after the abduction, provided that those orders also state that the removal of your child was unlawful). In most countries, when there are no custody decree (no legal separation or divorce orders) prior to an abduction or retention, both parents — if married — are considered to have equal legal rights to their child. As long as the retention or removal is unlawful, the Convention will apply. The law varies about the status of unmarried fathers.
B. For securing access rights:
- Your child is not yet 16 years old
- You have been denied access to your child
Where do you make an application?
To your Central Authority. Each Hague Convention signatory state has an administrative body, called the Central Authority. Its duty is to send and receive requests for the return of children or the enforcement of orders; to provide information about their laws; and exchange information and co-operate with each other to further the objects of the Convention. In most Hague Convention countries, the Central Authority will apply, on your behalf, to the Central Authority of the country where your child has been taken. Be aware that this may take some time as the abducting parent will probably oppose the return in court.
Directory of Central Authorities
Exceptions and Other Pitfalls
What else will your Central Authority do for you?
- Act as your primary point of contact
- Liaise with law enforcement agencies
- Provide information on which court orders you will need
- Assist you in contacting local officials in foreign countries or contact them on your behalf
- Put in place measures to prevent further harm to your child
- Help you in filing your application for return or access
- Keep you informed of the progress of your application
- Provide you with information on the country to which your child has been taken, including its legal system
- Provide you with a list of competent lawyers
- Some authorities will translate documents for you free of charge
What is your Central Authority not able to do for you?
- Intervene in foreign proceedings
- Enforce orders made in your home country abroad (custody and access orders are not automatically enforced abroad)
- Usually not be able to act as your lawyer or represent you in court
You can of course apply directly to the Central Authority of the country where your child has been taken to, or go directly to its courts — but we would not advise you to do so. Your Central Authority is there to help you and expedite the process.
What will the Central Authority of the country where your child is in do for you?
- Locate the whereabouts of your child
- Try to secure a voluntary return
- Initiate or facilitate the legal or administrative proceedings in view to obtaining the return of your child, or the securing of your access rights
- Give you lists of local lawyers
- Give you information and advice on local laws and customs
- Provide or facilitate the provision of legal aid (in those countries where it is available)
The powers of the Central Authorities are often limited under their national laws. In addition, the extent of the Central Authorities' roles in facilitating proceedings will vary from country to country. Check their individual Website to find out more.
How is your application paid for?
Under the provision of the Hague Convention, you are not required to make any payment towards these costs. However, some countries, due to their implementing legislation, made a reservation and you may be required to make a contribution. You may also wish to appoint a lawyer in your own country and in the country to which your child has been taken. Whether you can obtain legal aid or not will depend on the relevant country's regulations.
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