English
EspañolBrief info on Hague Convention laws re: taking a child out of the country
[ONLY APPLIES IF OTHER COUNTRY HAS SIGNED HAGUE CONVENTION - GOOGLE THIS FIRST TO SEE IF THE COUNTRY IS A SIGNATORY ]
There is a law called the Hague Convention on the Civil Aspects of International Child Abduction. Under this law, a parent can be forced to return a child to his/her country of “habitual residence” (where the child normally or usually lives) if the child has been wrongfully removed from that country or if the other parent’s rights to access or visitation have been violated by the removal of the child from the country. A parent can be forced to return to the country of habitual residence so that the civil court in the child’s country of habitual residence can decide who gets custody of the child.
I recommend you speak to a lawyer who has expertise in international law. International law cases are extremely complex and having a lawyer can really help. Here is a national organization that you may want to call as well as a brief description of what they do:
The Hague Domestic Violence Project
https://gspp.berkeley.edu/global/the-hague-domestic-violence-project
Email:haguedv
berkeley.edu
The Hague Domestic Violence Project provides information for mothers, lawyers, judges, and advocates involved in a domestic violence case brought under the Hague Convention on the Civil Aspects of International Child Abduction. Our goal is to help mothers, attorneys, judges and advocates incorporate child exposure to domestic violence as a defense to the otherwise required return of the child to his home country.
Our website also has some safety tips that can help keep you as safe as possible. Please read our staying safe information here. Your local domestic violence program will also be able to help you think of ways to keep as safe as possible. We have a listing of agencies at: [LINK STATE AND LOCAL PROGRAMS].
