The Hague Convention on the Civil Aspects of International Child Abduction addresses international child abduction in cases where one parent unlawfully takes a child to another country despite both parents still having custody rights, or custody is yet to be determined. It provides a lawful procedure to ensure the prompt return of children to the country which they are a habitual resident of.
For the Hague Convention to be applicable, the country which the child has been abducted to must have ratified the Hague Convention. As of 2022, there are 103 countries who have ratified this Convention including Hong Kong, Mexico, Singapore, United Kingdom and United States of America.
The Convention has 2 key aims:
- Securing the prompt return of children who have been wrongfully removed or retained in any Contracting State
- Ensuring that the rights of custody and access under the law of one Contracting State are respected in the other Contracting State
The Situation in India
Although being a signatory to the Hague Convention since 2007, India has not ratified the Convention.
One of the primary reasons for this is because Indian authorities are concerned that the Hague Convention may not be suitable for India's socio-cultural and legal environment. This is because India has a unique legal system and in particular, their family law is largely governed by personal laws based on religion.
However, this can raise concerns because if a child is wrongfully removed or retained in India, the Hague Convention cannot be relied upon to ensure the prompt return of the child to their habitual residence.
Obtaining Legal Advice
Seeking legal advice can be extremely valuable to help you better understand the Hague Convention, specifically your rights and obligations under the treaty. The Hague Convention contains specific procedures for making and responding to applications, and legal representatives can help guide you through this process and ensure your applications are properly filed.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.