Is A State Required To Apply Hague Convention on the Civil Aspects of International Child Abduction ?

If the Hague Convention on the Civil Aspects of International Child Abduction applies at a federal level, like the United States of America, then the treaty would apply at a state level, such as under California law, a court in Los Angeles must apply the treaty’s provisions.

In those countries that are signatories, meaning they have agreed to be bound by the treaty, the Hague Convention on the Civil Aspects of International Child Abduction applies to the political subdivisions, even if they have different laws, if the treaty would apply in a state where there is only only set of laws.

Child Custody Lawyers who practice in international child cases are familiar with this law and can give you an opinion regarding the application of the Hague Convention on the Civil Aspects of International Child Abduction to your case.

Article 33

A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.

 

 

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