How To Prevent A Return Under The Hague Convention on International Child Abduction

The Hague Convention on International Child Abduction has safeguards to protect the child and prevent a return to a parent who is not using their custodial time. The Treaty does allows for the refusal to return a child if they would face a “grave risk” such as physical or emotional harm.

Under The Hague Convention on International Child Abduction a child of sufficient age and capacity is allowed to contribute their thoughts and feelings on child custody and being returned. Each court will have its own rules on how this communication is to happen and most are concerned with not causing undo harm an stress to the child and their relationship with their parents.

Article 13
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –

a) the person, institution or other body having the care of the person of the child was not actually
exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or

b) there is a grave risk that his or her return would expose the child to physical or psychological
harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.
In considering the circumstances referred to in this Article, the judicial and administrative authorities
shall take into account the information relating to the social background of the child provided by the
Central Authority or other competent authority of the child’s habitual residence.

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When Can A Hague Convention on International Custody Case Order The Return Of A Child?

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.

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How Long Does It Take For A Hague Convention on International Custody Case To Be Heard?

Cases that involve Child Custody and Parental Abduction or Kidnapping need to be heard quickly and any parent will tell you that time away from and out of contact with their child is gut-wrenching, which is one of the reasons that the Hague Convention on International Custody has time limits and the child access solicitors have all the information.

Under Article 11, there is a goal of cases being heard within six weeks.

Article 11

The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.

If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.

The lawyers in our offices in Los Angeles County are aware of the need to act quickly in cases involving kidnapped children, because the longer they are away from their alienated parent, and with their abductor, the harder it becomes to fight in court and to undo the emotional and mental trauma that is done by the alienating parent. We try to prevent these kind of cases when child custody agreements are involved. Children should be the last to suffer due to these situations.

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