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Hague Convention

September 20, 2022 Cindy Best

The Hague Convention most commonly refers to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. It is an international treaty designed to address situations where a child is wrongfully removed from or retained outside their country of habitual residence without the consent of a parent with custody or visitation rights.

Arizona and the United States are Hague Convention members. When a parent takes a child from a Hague member country to another member country without authorization, the treaty provides a legal process for seeking the child’s return. The proceeding is handled through federal court in the United States and through the equivalent central authority in the other country.

Hague Convention cases are urgent and complex. They are not handled like standard family law cases. Time matters because the child’s habitual residence is determined in part by how long they have been in the new country. Acting quickly and with an attorney who understands international child abduction law is critical.

The Hague Convention only applies between member countries. When a child is taken to a non-Hague country the legal options are entirely different and often far more limited. We have handled international cases involving both Hague and non-Hague countries. If your child has been taken internationally or you believe an abduction is being planned, contact us immediately.

 

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