International Child Abduction
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (1980 Hague Convention) is a multilateral treaty that establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country. Currently, there are 103 Contracting States to the Hague Convention.
The English-language resources below are intended to help practitioners better understand and apply the 1980 Hague Convention. Additional resources may be available on the Portuguese and Spanish pages.
U.S. Legal Resources
- International Child Abduction Remedies Act – establishes procedures in the United States to implement the Hague Convention
- International Parental Kidnapping Crime Act – makes it a federal felony offense in the United States to remove, or attempt to remove, a child under the age of 16 from the United States with the intent to obstruct the lawful exercise of parental rights
- Uniform Child Abduction Prevention Act – provides guidance to U.S. courts on custody disputes and divorce proceedings to protect against family abductions
- Uniform Child Custody Jurisdiction and Enforcement Act – establishes clear bases for jurisdiction and discourages competing child custody orders
Jurisprudence
- Abbott v. Abbott (130 S. Ct. 1983, 176 L. Ed. 2d 789 (2010)) – The U.S. Supreme Court held that a parent has a right of custody under the Hague Convention by reason of that parent’s ne exeat right.
- Chafin v. Chafin (133 S.Ct. 1017, 185 L.Ed.2d 1 (2013) – The U.S. Supreme Court held that the return of a child to a foreign country pursuant to a Hague Convention return order does not render an appeal of that order moot.
- Lozano v. Alvarez (134 S.Ct. 1224, 188 L.Ed.2d 200 (2014) – The U.S. Supreme Court held that the one-year period set forth in Article 12 of the Hague Convention is not subject to equitable tolling.
- INCADAT – The International Child Abduction Database – INCADAT comprises searchable summaries of decisions, links to the full texts of judgments and compendia of legal analysis in English, French, and Spanish.
Supporting Resources
- The Hague Convention on the Civil Aspects of International Child Abduction Legal Analysis
- List of Central Authorities (national Central Authorities are responsible for carrying out the duties imposed by the 1980 Hague Convention)
- U.S. Department of State Office of Children’s Issues (U.S. Central Authority)
- International Hague Network Judges
- The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges
- Litigating International Child Abduction Cased Under the Hague Convention
- Model Form to be used in making applications for the return of wrongfully removed or retained children
- Guide to Good Practice Child Abduction Convention – Mediation
- Transfrontier Contact Concerning Children: General Principles and a Guide to Good Practice Guide
- Non-Hague Convention child abductions – Bilateral Agreements
- A statistical analysis of applications made in 2015 under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: Global Report (Part I)
- A statistical analysis of applications made in 2015 under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: Regional Report (Part II)
- A statistical analysis of applications made in 2015 under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: National Reports (Part III)
- Judicial Options for the Prevention of Parental Child Abduction (Return US Home – RUSH)
- Identifying Risk Factors for a Potential Parental Child Abduction (Return US Home – RUSH)
- Parenting Plan Travel Restraint Language Examples (Return US Home – RUSH)