On 25 October 1980, at The Hague, the Hague Conference on Private International Law concluded the Convention on the Civil Aspects of International Child Abduction. The text is authentic in French and English. The depositary is the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The convention is number 28 in the HCCH catalogue.

The preamble puts the interests of children first and requires prompt return to the State of habitual residence, as well as protection of access rights. Article 1 has two objects: the return of children wrongfully removed or retained, and respect, in the other Contracting States, for rights of custody and of access.

Article 3 defines a wrongful removal: a breach of custody rights actually exercised, under the law of the habitual residence, immediately before the act. Article 4 applies to a child habitually resident in a Contracting State and ceases at 16. Article 5 distinguishes custody (including the place of residence) from access (a limited period in another place).

Each State designates a Central Authority. Article 7 binds it to find the child, prevent further harm, seek a voluntary return and assist with proceedings. Article 11 requires a decision within six weeks; after that, reasons for delay may be requested. Authorities shall not decide the merits of custody until it is determined whether the child is to be returned.

Article 12 requires immediate return if the application is filed within less than a year. After a year, return is still ordered, unless the child is now settled in the new environment. Article 13 allows refusal if the holder was not exercising custody, had consented, or there is a grave risk of harm. A mature child who objects may be heard. Article 20 adds the fundamental principles of human rights.

Article 43 provides for entry into force on the first day of the third calendar month after the third instrument of ratification. The date was 1 December 1983. The convention does not alter parents’ substantive rights: the court in the arrival State chooses only the forum, not custody.

The Hague Conference keeps the full text: Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, instrument 28.

Image: Peace Palace, The Hague, 1913, public domain (Spaarnestad Photo / Wikimedia Commons). Cropped to 16:9.

Source consulted: Hague Convention on the Civil Aspects of International Child Abduction. Treaty text: Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.