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Difference between revisions of "Enforcing Orders in Family Matters"
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Enforcing Orders in Family Matters (view source)
Revision as of 22:11, 15 July 2019
, 22:11, 15 July 2019→The Hague Convention
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The 1980 ''[http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]'' is an international treaty between various world governments. The Convention applies to cases of international child abduction. Governments who have agreed to the Convention are called ''contracting states''. The Convention provides a framework for contracting states to ensure abducted children are returned to their country of ''habitual residence''. The Convention only applies to children under the age of 16. | The 1980 ''[http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]'' is an international treaty between various world governments. The Convention applies to cases of international child abduction. Governments who have agreed to the Convention are called ''contracting states''. The Convention provides a framework for contracting states to ensure abducted children are returned to their country of ''habitual residence''. The Convention only applies to children under the age of 16. | ||
The Convention's primary goal is to secure the prompt return of children wrongfully removed to or retained in a contracting state. A wrongful removal or retention | The Convention's primary goal is to secure the prompt return of children wrongfully removed to or retained in a contracting state. A wrongful removal or retention is when someone's (e.g. a parent's or a guardian's) ''rights of custody'' have been breached according to the law of the country where the child usually resides. Usually this happens when a parent unilaterally removes a child without the consent of the other parent or a court's permission. Rights of custody can arise under a court order, written agreement, or by operation of law. The Convention is not concerned with the merits of custody and is based on the premise that it is in the best interests of children generally to return promptly to their habitual residence, as custody issues are best determined there. The child’s prompt return is also intended to deter parents from crossing international borders in search of a more sympathetic court or for any other reason. | ||
The Convention also enables access to children across international borders. | The Convention also enables access to children across international borders. | ||