What are Rights under the Hague Convention on International Child Custody

The Hague Convention on International Child Custody addresses the rights a parent has to a child for purposes of residency determination, and access. For example if a child custody determination was made in England, but the child resides in Los Angeles, California, the lawyers for the non-custodial parent would seek enforcement of the child custody order in the Superior Court of California – Los Angeles County.

Article 5
For the purposes of this Convention – a) “rights of custody” shall include rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence;

b) “rights of access” shall include the right to take a child for a limited period of time to a place
other than the child’s habitual residence.

These are important rights, especially Article 5, Section a, as that right will determine which jurisdiction will be controlling. In Los Angeles County and throughout California, the courts will apply the standards of the Uniform Child Custody Jurisdiction and Enforcement Act when deciding if the Hague Convention applies, this is why an attorney who is experienced in this area is necessary.

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