You share custody of your child. Now, your co-parent plans to take them overseas for a short visit. At first, it may seem harmless until you consider the possibility that they may not return. International travel introduces legal complications that many custody agreements do not fully address. While the Hague Convention offers a legal remedy, it only applies when your case meets certain conditions.
When does the Hague Convention apply?
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty designed to resolve cross-border custody disputes involving children under 16. While it does not determine who receives custody, it ensures that custody decisions occur in the child’s home country, not in the country where they were wrongfully taken or kept.
The Convention applies only when:
- Both countries are signatories: The treaty functions between nations that have formally agreed to its terms. A current list is available through the U.S. State Department.
- The child has a habitual residence: The Convention focuses on removal or retention from the child’s established home country.
- Custody rights were violated: The parent seeking the child’s return must have legal custody under the law of the child’s home country. The other parent must have violated those rights by taking or keeping the child abroad without consent.
Timing also plays a critical role. Courts are more likely to reject petitions filed more than one year after the child’s removal or retention, especially if the child has adjusted to life in the new country.
Delays can undermine your case
International custody disputes often escalate quickly, particularly when one parent leaves the country with a child unexpectedly or does not return as agreed. If your co-parent has breached your custody rights, taking prompt legal action can improve your chances of securing your child’s return through the Hague Convention process.
