The Hague Convention on the Civil Aspects of International Child Abduction, commonly known as the Hague Convention, is an international treaty that addresses the complex issue of cross-border child abduction. The United States ratified the Convention on July 21, 1988. Congress subsequently enacted legislation to implement the Convention procedurally in the U.S. pursuant to the International Child Abduction Remedies Act (42 U.S.C. 11601 et seq.). The goal of the Hague Convention is to expedite the return of wrongfully abducted children to their countries of habitual residence and to ensure that appropriate custody orders are made according to the law of the country where the child is habitually resident.

The Hague Convention emerged in response to the growing challenges posed by international child abductions, where a parent or sometimes other individuals with actual custody rights over a child abduct them from their habitual residence to another country, thereby violating the custody rights of the other parent. Recognizing the need for a standardized and expedited procedure to handle such cases, the Hague Conference on Private International Law formulated the Hague Convention.

The law primarily deals with cases of wrongful removal or wrongful retention of a child when custody rights are violated under the law of the country of the child's habitual residence. The Hague Convention applies to children under 16 years of age and aims to return them to their country of habitual residence without delay. It is important to emphasize that the Convention does not serve to settle custody disputes. Rather, it focuses on the return of the child to enable an appropriate solution to be reached in their country of habitual residence.

For a case to be considered under the Hague Convention, certain conditions must be met. Firstly, both the state of the child's habitual residence and the state to which the child has been removed (or retained) must be Contracting States to the Convention. As of 2022, there were 103 Contracting States to the Hague Convention. Secondly, the child concerned must be under the age of 16. Finally, the child's removal or retention must be wrongful and a breach of custody rights under the law of the state of habitual residence. Custody rights within the meaning of the Hague Convention include both rights of care and rights of access.

A special feature of the Hague Convention is its focus on a swift and expeditious procedure. The Hague Convention offers legal protection through both administrative and judicial channels, with these options being non-exclusive. For administrative assistance, one turns to the competent central authority in the country of habitual residence or to another Contracting State of the Hague Convention. Sometimes a party may initiate court proceedings in the country where the child is located, either simultaneously or even before filing an application with the Central Authority in the country of habitual residence. In the United States, this may occur in either the competent federal district court or the competent state court in the child's place of residence. The expedited procedure is designed to ensure the swift return of the child, ideally within six weeks of initiating court proceedings in the competent U.S. federal or state court at the child's place of residence.

If you are served with legal documents under the Hague Convention or otherwise involved in a case related to the Hague Convention, it is strongly advised to seek immediate legal counsel. Given the short procedural timelines under the Hague Convention, prompt preparation of your case is essential. This includes, but is not limited to, filing the necessary pleadings, naming your witnesses, and gathering and ensuring the admissibility of your evidence. Attorney John L. Urban manages the firm's process department, and the experienced attorney Patricia M. Lee is responsible for the area of family law and the Hague Convention. Ms. Lee has over 30 years of experience in family law with a focus on Hague Convention child custody disputes, international aspects of child abduction, and the enforcement of foreign court orders.

She has extensive experience in Hague Convention matters from numerous countries worldwide, including Germany, Belgium, Austria, Italy, Great Britain, Czech Republic, Spain, Mexico, Brazil, Peru, and Argentina. She served as an expert for the training of U.S. military justice lawyers in Germany. The U.S. Department of State, Office of Children's Issues, has her as a mentor for Hague Convention matters and has invited her multiple times to panel discussions on amending or introducing policies and procedures for processing Hague Convention applications by the U.S. Central Authority.

Whether your child has been removed or is being withheld from your home country, whether you are facing Petition under the Hague Convention whether it was served or if you are otherwise involved in a case related to the Hague Convention—we can help. To maximize your chances of success, acting quickly is essential. Contact our team to schedule an initial consultation promptly. In this consultation, we will discuss your case, clarify if and how we can support you, and jointly determine the next steps to protect your interests and those of your child.