When parents divorce, they must consider their kids as well as themselves in their legal decisions. Some parents manage to set aside their personal feelings and make choices that preserve their kids’ well-being.
Unfortunately, others never accept the divorce and purposely cause problems, sometimes by taking their child far away from the other parent. Knowledge of the Hague Abduction Convention may give those concerned about abduction peace of mind, and here are three vital points to start with.
The Hague Abduction Convention is essentially a child protection treaty agreed upon and signed by multiple nations. Two vital goals of the Convention are returning abducted children to their home country and ensuring their rights remain protected.
For parents, this means that nations that may have different laws have agreed to follow procedures that protect the child and facilitate their safe return.
Some nations opt-out
Not all countries decide to participate in the Hague Abduction Convention, and some that do participate may have fallen out of compliance. Fortunately, many nonparticipating nations work vigorously to help those affected by an abduction into their countries.
Still, in nations that are noncompliant or unbound by the terms of the Hague Convention, it could be more challenging to have abducted children returned.
No guarantee of return
When returning abducted children could lead to physical or psychological harm, the involved officials may deny their return.
Other reasons for denial include:
- It could harm the child’s fundamental human rights
- The seeking parent has no child custody rights
- The child objects and is mature enough to have a say
The Hague Convention does much to benefit at-risk children, but you may need more guidance if your spouse takes your kids. Another layer of legal protection may help to ensure that technicalities and red tape do not interfere with bringing your children home.