How the Hague Convention Applies to Child Custody Orders
What is the Hague Convention?
The Hague Convention is a treaty that was enacted on October 25, 1980. It was enacted to protect children from abduction across international borders.
This may be especially important in divorce cases or custody cases where one parent wishes to keep the children “away from” the other parent.
The Treaty provides a procedure to bring children back from foreign countries. However, not all countries are “signatories” to the Hague convention.
The Hague Convention and Child Custody
The Hague Convention provides a legal procedure for countries to work with one another when a child is abducted from one country and moved to another country.
Each country that has become a signatory to the Convention must have a “Central Authority.” This is the main contact point for parents or other governments involved in an international child abduction case.
The Central Authority helps to locate abducted children, helps to provide a dialogue for return of the child, and helps to process the request for return of the child.
Protecting Michigan’s Children
In Michigan, every custody order must contain Hague Convention language. The purpose of this language is to invoke the rights and responsibilities under the Hague Convention should any enforcement action ever become necessary. Not every country is a signatory to the Hague Convention.
Additionally, every country handles the Hague Convention according to the standards it determines to be best.
If your child is expected to travel to another country with a parent with whom you share custody, you will want to know that the country of travel is a signatory to the Hague Convention.
If you suspect that your child may be removed to another country, it is important for you to consult with an attorney who is familiar with Family Law matters.
Lakeshore Law and Mediation Center is here to help! With one phone call, we can help you get on the right track.