Understanding The Hague Convention and International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH) in 1980.

Its primary objective is to protect children from the harmful effects of international abduction by a parent or guardian, ensuring their prompt return to their country of habitual residence.

Here are some key points:

1. Objective: The main goal is to restore the status quo by securing the prompt return of wrongfully removed or retained children, thus protecting their rights.
2. Jurisdiction: It establishes legal mechanisms between contracting states to resolve abduction cases, respecting the jurisdictional authority of the child’s country of habitual residence.
3. Central Authorities: Each member country designates a Central Authority to handle applications and cooperate with other countries for the return of abducted children.
4. Exceptions: The Convention outlines specific conditions under which a child might not be returned, such as if returning would pose a grave risk of harm to the child or place them in an intolerable situation.

What are the exceptions?

The Hague Convention on the Civil Aspects of International Child Abduction includes several exceptions to the general rule of promptly returning a wrongfully removed or retained child to their country of habitual residence. Here are the main exceptions:

1. Grave Risk of Harm: If there is evidence that returning the child would expose them to physical or psychological harm or otherwise place them in an intolerable situation, the return can be denied.
2. Child’s Objection: If the child has attained an age and degree of maturity where it is appropriate to take their views into account, and they object to being returned, the court may consider this as a valid reason not to return the child.
3. Settled in New Environment: If the child has been in the new location for more than a year and has become well settled in their new environment, the return may be denied.
4. Consent or Acquiescence: If the parent seeking the return of the child had consented to or subsequently acquiesced in the removal or retention, the return may not be ordered.
5. Human Rights and Fundamental Freedoms: If the return would violate the fundamental principles of human rights and freedoms of the requested State, it can be denied.

These exceptions ensure that the child’s welfare is paramount and that the return is not ordered in cases where it would not be in the best interests of the child.

Canada is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.

This means that Canada has agreed to the terms of the Convention and works with other member countries to ensure the prompt return of wrongfully removed or retained children to their country of habitual residence.

In Alberta, the implementation of the Hague Convention on the Civil Aspects of International Child Abduction is managed through specific procedures and designated authorities. Here are some key points:

1. Central Authority: Alberta’s Central Authority is responsible for handling cases of international child abduction under the Hague Convention. This authority cooperates with other countries to ensure the prompt return of abducted children.
2. Judicial Oversight: The Court of King’s Bench in Alberta has designated specific justices to manage Hague Convention cases. These justices handle applications for the return of abducted children and ensure that the process is expedited.
3. Application Process: To initiate a Hague Convention application in Alberta, the party seeking the return of the child must file an Originating Application (Form 7) clearly identifying it as a Hague Convention application. This application must be filed with the Clerk’s office, which will then perform a province-wide search for any existing custody or parenting actions involving the child.
4. Article 16 Notice: If a parent or guardian believes that the child is at risk of being wrongfully removed or retained, they can file an Article 16 Notice to prevent any actions that would violate the Convention.
5. Expedited Proceedings: The Convention requires that cases be handled expeditiously, with courts aiming to resolve applications within six weeks of filing.

These procedures ensure that Alberta effectively implements the Hague Convention, prioritizing the prompt return of abducted children and protecting their rights.

Our firm has extensive experience handling international child abduction matters governed by the Hague Convention or otherwise – contact us today to learn more.