Hague Convention – International Child Abduction
Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. We have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.
Featured Hague Decisions:
What is the Hague Convention?
To protect children from international abduction and return children to their home country residence. It can also include child custody conflicts when a parent or guardian resides in a different country to the home country of the child.
What countries aren’t applicable to the convention?
Countries that have acceded the Hague Convention include: Seychelles, Morocco, Gabon, Andorra, Russia, Guinea, Lesotho, Kazakhstan, Iraq, and Zambia.
Can the Hague Convention be applicable to a child that has been removed for over a year?
Yes, the Hague Convention can be of applicable to help retrieve the child even if it has been over a year.
How old can the child be to be protected by the Hague Convention?
Hague Convention is only applicable to children under the age of 16.
How long has the Hague Convention been around?
The Convention was signed October 25th, 1980 and entered on December 1, 1983. It is important to stay up to date on the status of accredited countries.
What are the elements of a Hauge Convention trial?
A petitioner establishes a prima facie case for the return of a child under the Hague Convention is he or she proves three elements:
1) prior to removal or wrongful retention, the child was habitually resident in a foreign country;
2) the removal or retention was in breach of custody rights under the foreign country’s law; and
3) the petitioner actually was exercising custody rights at the time of the removal or wrongful retention.
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