The Hague Convention, formally known as the Hague Convention on the Civil Aspects of International Child Abduction, is an international treaty designed to protect children and resolve cross-border custody disputes. The convention aims to establish procedures for the prompt return of children who have been wrongfully removed or retained in a country other than their habitual residence. It also seeks to ensure that custody and visitation rights are respected and enforced across different jurisdictions. We will explore the concept of the Hague Convention, provide a list of Hague Convention countries, and delve into its relevance of the Hague Convention to family law matters in Australia.

The Hague Convention is an international treaty developed by the Hague Conference on Private International Law (HCCH) in 1980. It currently has 101 member countries, including many nations across the globe. The primary objective of the convention is to protect children from the harmful effects of international parental child abduction by facilitating their prompt return to their country of habitual residence and ensuring the rights of access and custody are respected.

Under the Hague Convention, “wrongful removal” refers to a situation where a child is taken across an international border without the consent of the other parent or in violation of custody rights. “Wrongful retention” occurs when a child is unlawfully kept in a foreign country, exceeding the permitted time frame of a visitation or travel arrangement. The convention aims to resolve such cases by establishing a framework for cooperation between member countries.

Usually for an order to be sought for a return of a child, you should speak to family law specialists.