What The Hague Convention does and does not do

Posted on July 2, 2011. Filed under: Hague Convention | Tags: |

The Hague Convention on the Civil Aspects of International Child Abduction Does:

* Determine Jurisdiction for Determination of Custody Based on Habitual Residence of the Child.

* Include Safeguards to Ensure the Child’s Physical and Emotional Welfare.

* Guarantee the Child Access to Both Parents throughout All Proceedings.

* Protect All Children Regardlesss of Nationality

Does Not:

* Require the Return of a Child to a Potentially Dangerous Environment.

* Automatically Grant Custody to Non-Abducting Parent.

* Instigate Criminal Charges Against the Abducting Parent.

* Discriminate on the Basis of Nationality or Gender.

Full text of the Convention

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