In International child custody cases, there are many overlapping laws and treaties. For example there was a treaty in 1961 that many countries were signatories to, and then the current Hague Convention on the Civil Aspects of International Child Abduction was enacted, and many of the same countries are signatories to it. Lawyers who are working on cases that cross borders must be familiar with both laws, and this section deals with how countries who are parties to the two treaties will deal with each other, and how parties who are not parties to both will handle international child custody cases.
This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.