What is Needed Under The Hague Convention on International Child Abduction To Get My Child Back?


Source: Internationalchildcustody.com

The Hague Convention on International Child Abduction sets out standards for what is needed to apply for a return order of a child that is a victim of parental abduction or who has been wrongfully withheld by a non-custodial parent. Those standards are set out in Article 7:

Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.
In particular, either directly or through any intermediary, they shall take all appropriate measures –
a) to discover the whereabouts of a child who has been wrongfully removed or retained;
b) to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
c) to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d) to exchange, where desirable, information relating to the social background of the child;
e) to provide information of a general character as to the law of their State in connection with the application of the Convention;
f) to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organising or securing the effective exercise of rights of access;
g) where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
h) to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
i) to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.

In theory each signatory country has a duty to aid in the return of a child who has been wrongfully withheld or is the victim of Parental Abduction. In the United States that duty is coordinated through the State Department who designates local authorities such as the Los Angeles County District Attorney’s office to aid in the return of abducted children. In reality, many times the victim parent hires private attorneys such as Pisarra & Grist to aid in the process.

Also read: The Hague Convention – Proved useless

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