HAGUE CONVENTION OR EUROPEAN
CONVENTION
The principle governing the Hague Convention is that
matters concerning the custody of a child are most
appropriately decided in the place of the child's habitual
residence. The Convention requires that the judicial or
administrative authorities in any Convention State to which
a child has been removed act without delay to determine
whether the child has been wrongly removed from his or her
place of habitual residence and, if so, to secure the
return thereto. Removal is wrongful if it breaches the
applicant parent's custody rights under the laws of the
state requesting return.
Under the Hague Convention a case for return must fulfil
a number of requirements. The principal ones are:
- The child must be under 16 years of age
- The child must have been habitually resident in a
Convention Country before the removal or retention
- The removal or retention of the child must have
been wrongful - i.e. in breach of someone's rights of
custody which were being exercised, or in breach of a
court order.
- The abduction must have taken place after the
relevant Convention came into force between the UK and
the country to which the child has been taken.
- The child must now be in a Hague Convention
country.
The purpose of the European Convention is to enforce
orders relating to custody where a child has been kept or
taken overseas in breach of those orders, and to enforce
orders relating to access. The scope of this Convention is
much narrower than the Hague Convention.
Under the European Convention a case for return must
fulfill a number of requirements. The principal ones
are:
- The child must be under 16 years of age
- There must be an order for custody or access
- The European Convention must be in force between
the UK and the country to which the child has been
taken
- The child must now be in a European Convention
country.