Access or Visitation under the Hague Convention on the Civil Aspects of International Child Abduction

When a left behind parent is seeking to have a relationship with their removed child, whether through a wrongful removal or by way of a court order, the Hague Convention on the Civil Aspects of International Child Abduction has a provision allowing for a petition for “access” which is equivalent to visitation or parenting time. HOwever the treaty has no real “teeth” under this provision and the left behind parent, when seeking an order, is essentially at the mercy of the new country and their child custody and visitation laws.

This is one of the reasons why international move-away cases are fraught with such danger for the non-custodial parent, who may find themselves cut off from their child, having to fight in a foreign court for access.

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