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Difference between revisions of "Enforcing Orders in Family Matters"

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Corrected significant error in first paragraph regarding the application of Convention and updated list of signatory countries as at April 2016.
(Corrected significant error in first paragraph regarding the application of Convention and updated list of signatory countries as at April 2016.)
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===The Hague Convention===
===The Hague Convention===


The ''[http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]'' can be used to deal with cases of international child abduction. The Convention is an international treaty that requires foreign governments who have signed the Convention to take certain steps to return the child to the person who is entitled to the care of the child when there is "a grave risk of physical or psychological harm" to the child and there is an order in place governing which parent should have the child.
The ''[http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]'' can be used to deal with cases of international child abduction. The Convention is an international treaty that requires foreign governments who have signed the Convention to take certain steps to return the child to the person who is entitled to the care of the child when there is an order in place governing which parent should have the child.


The ''Hague Convention'' only applies between states that have signed the Convention. As of April 2013, the countries that have agreed to enforce custody orders with Canada are:
The ''Hague Convention'' only applies between states that have signed the Convention. As of April 2016, the countries that have agreed to enforce custody orders with Canada are:


<blockquote>Albania, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, China, People's Republic of, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Korea, Republic of, Latvia, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Monaco, Montenegro, Morocco, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay and Venezuela.</blockquote>
<blockquote>Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong Special Administrative Region, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Macao Special Administrative Region, Malta, Mauritius, Mexico, Moldova, Republic of, Monaco, Montenegro, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, San Marino, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Uzbekistan, Venezuela and Zimbabwe.</blockquote>


As of 1 February 2010, the signatory countries who have not agreed to enforce custody orders with Canada, but will enforce custody orders with other countries (shame on them), are:
As of April 2016, the signatory countries who have not agreed to enforce custody orders with Canada, but will enforce custody orders with other countries (shame on them), are:


<blockquote>Guatemala, Nicaragua and Thailand.</blockquote>
<blockquote> Armenia, Gabon, Guatemala, Guinea, Iraq, Kazakhstan, Korea, Republic of, Lesotho, Morocco, Nicaragua, Philippines, Russian Federation, Seychelles, Thailand and Zambia.</blockquote>


Countries not listed above have elected not to participate in the convention. For more information and the current <span class="noglossary">standing</span> of signatory nations, check out the website of the [http://www.hcch.net/index_en.php Hague Conference on Private International Law], which reports on the status of the various Hague Conventions.
Countries not listed above have elected not to participate in the convention. For more information and the current <span class="noglossary">standing</span> of signatory nations, check out the website of the [http://www.hcch.net/index_en.php Hague Conference on Private International Law], which reports on the status of the various Hague Conventions.
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