Where does the Hague Convention on International Child Abduction Apply?

The Hague Convention on International Child Abduction is a multi-lateral treaty. That means it applies to nations that have agreed to abide by its terms. Once a nation agrees to it, that agreement must be accepted by the other nations that have agreed to it. The United States has been a signatory to the Treaty since 1988.

The Convention applies by its own terms:

Article 4

The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of  custody or access rights. The  Convention shall cease to apply when the child attains the age of 16 years.

The United States of America (U.S.A.) uses the period of 6 months to define the term “immediately before” as that is the amount of time that is considered to establish a new residency under the Uniform Child Custody Jurisdiction and Enforcement Act, which applies at the state level.

As lawyers who practice in California with the Hague Convention on International Child Abduction and have worked with other attorneys throughout the USA and the globe on these and related issues, we have the experience to help you.

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