Se Habla Español | Nous Parlons Français
Login to Client Portal
PLEASE NOTE: We are still open and operational! To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options. click here for COVID-19 updates

Blog

You are here:
  1. Home
  2.  » 
  3. International Child Custody Issues
  4.  » What is the Hague Convention?

What is the Hague Convention?

The thought of your former spouse in Texas kidnapping your child can be terrifying enough. But even more frightening is the thought of your former spouse kidnapping your child and flying him or her to a different country. Fortunately, the United States is a participant of the Hague Convention, which makes it easier for custodial parents to get their children returned after being abducted.

How does the Hague Convention work?

Every country has different laws concerning child custody. If one parent loses a custody case during a divorce, that person may decide to grab the child and flee to another country where he or she believes the laws are in his or her favor. An individual may also mistakenly believe that the authorities cannot track him or her if he or she runs to another country.

If the country follows the Hague Convention, its laws won’t apply to the situation. Instead, the parent and child will be sent back to the United States, where the parent will probably face legal action. However, there are situations in which a child may not be returned. If a kid is old enough to make an informed decision and wants to stay with the parent, he or she may not be forced to return to the United States. A child may also not be returned if a year has passed since the abduction or if he or she may be harmed if he or she returns to the United States.

What you should do if your kid is abducted

Navigating the Hague Convention can be a complicated and unfamiliar process. An attorney could help you request your child’s return and present evidence that he or she was abducted from his or her home. A lawyer could also help you with other aspects of the case, like dealing with your former spouse once he or she has returned to the United States with your child.

Archives

FindLaw Network

Read Our White Paper

International Family Law:
Divorce And Custody In A Global Age