There is a one year guideline during which time a court or administrative authority MUST order the return of the child to their prior residency. After one year, the court hearing a Hague Convention case shall also order the return of the UNLESS it is appear that the child has become “settled” in their new environment.

This means that a parent seeking a return order must act quickly, and the quicker the better.

Article 12

Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith. The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.

Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.