Convention on International Child Abduction

Hague Abduction Convention

Convention on the civil Aspects of International Child Abduction
State parties to the convention   states that signed and ratified the convention)   states that acceded to the convention   state that ratified, but convention has not entered into force
Signed	25 October 1980
Location	The Netherlands
Effective	1 December 1983
Parties	98 (September 2017)
Depositary	Ministry of Foreign Affairs of the Kingdom of the Netherlands
Languages	French and English
at

The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH) that provides an expeditious method to return a child internationally abducted by a parent from one member country to another.

The Convention was concluded 25 October 1980 and entered into force between the signatories on 1 December 1983. The Convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence.

The primary intention of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic court. The Convention applies only to children under the age of 16.

As of September 2017, 98 states are party to the convention. In 2016, Philippines and Pakistan acceded to the convention

The Convention does not alter any substantive rights. The Convention requires that a court in which a Hague Convention action is filed should not consider the merits of any underlying child custody dispute, but should determine only that country in which those issues should be heard. Return of the child is to the member country rather than specifically to the left-behind parent.

The Convention requires the return of a child who was a “habitual resident” in a contracting party immediately before an action that constitutes a breach of custody or access rights. The Convention provides that all Contracting States, as well as any judicial and administrative bodies of those Contracting States, “shall act expeditiously in all proceedings seeking the return of a children” and that those institutions shall use the most expeditious procedures available to the end that final decision be made within six weeks from the date of commencement of the proceedings.

The Convention provides that the removal or retention of a child is “wrongful” whenever: