Limitations of the Hague Convention on the Civil Aspects of International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides for the return of a child who is being wrongfully withheld or removed from their country of habitual residence.

Thinking of this process as similar to an extradition process is helpful in that the treaty does not, on its own, provide for custody determinations. It provides that a jurisdiciton which has been the habitual residence of the child will make the decision of where the child shall reside and with whom.

The Hague Convention on the Civil Aspects of International Child Abduction also no longer applies to a child who has reached the age of 16, which is limiting in its application because the waiting game is played as a consequence.

Terms as understood in one country are not necessarily applied in the same manner in another country, such as Joint Custody can have vastly different legal meanings.

In short, the Hague Convention on the Civil Aspects of International Child Abduction is not as comprehensive a law as some may want, and more comprehensive than others would want. It needs to be interpreted in light of the particular facts of each child custody case, and the countries involved.

Comments are closed.