International Family Law FAQ
Q. What is the Hague Convention on the Civil Aspects of International Child Abduction?
Q. How do I know if the Hague Abduction Convention applies to my case?
Q. What if the Hague Abduction Convention does not apply?
Q. My children’s father took them to his country of residence in violation of a U.S. court order that gave me custody. Will the U.S. custody order be enough to get my child back?
A custody order issued by a U.S. court has no legal force or effect in foreign courts, although some courts may recognize such an order as evidence and some may even voluntarily enforce it. If the children have been taken to or are being retained in a country that is a party to the Hague Convention, you can invoke the Convention to aid in the return of the children as long as both countries have acceded to the Convention. If the children were not taken to a Hague country, you may be required to resort to the courts of that country.
Q. My children were taken to the United States from their country of residence. Can I get my children back based on a custody order issued in my country?
The Uniform Child Custody Jurisdiction and Enforcement Act, which has been enacted in most U.S. states, requires a state to enforce a custody order that was issued by the child’s country of habitual residence.
Q. What is the Hague Convention on the Civil Aspects of International Child Abduction?
The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides that when a child who is living in one Hague country is wrongfully removed from or retained in another Hague country in violation of the left-behind parent’s custodial rights, that child shall be returned to the country of residence. Once the child is returned, any custody dispute shall be resolved in that country. The Hague Abduction Convention thus determines only the place where the issue will be heard; it does not determine custody. Read more about the Hague Convention.
Q. How do I know if the Hague Abduction Convention applies to my case?
A. The Hague Abduction Convention may apply if your child was abducted to the United States from a country that is a signatory or has acceded to the Convention and that has elected to partner with the United States. Click here for a list of partner countries that have signed or acceded to the Convention. The Convention can apply only to abductions involving children who were under age 16 at the time of the abduction.
Q. What if the Hague Abduction Convention does not apply?
If a country is not a party to the Hague Abduction Convention, it may be necessary for you to initiate a child custody action in the courts in the foreign country and provide the other parent with notice and opportunity to be heard to obtain a custody decree to enforce in the United States.
Q. Can a U.S. court deny the return of my child even if I have a valid custody order?
A. The Hague Abduction Convention contains certain exceptions to return of the child, including the following:
- If over one year has passed since the date of the wrongful removal or retention (Article 12)
- If the petitioner was not exercising his or her custody rights at the time of removal or retention, or the petitioner consented to or subsequently acquiesced in the removal or retention. (Article 13a)
- If there is a grave risk that the child’s return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation” (Article 13b)
- If “the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views” (Article 13(2))
- If the return of the child would be in violation of the United States’ “protection of human rights and fundamental freedoms” (Article 20)
