Hague Convention Contracting States Do NOT Decide Custody Unless The Child Is Not To Be Returned

According to the Hague Convention On The Civil Aspects OF International Child Abduction, a case is opened, by giving notice of a Wrongful Removal or Retention of a child, commonly called a Parental Kidnapping or Abduction.

Once notice has been given of a child being wrongfully removed or retained, an investigation is done to determine if the child was TRULY wrongfully removed, before a custody determination can be made in the New Country.

Article 16
After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.

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