Difference between revisions of "Enforcing Orders in Family Matters"

The ''[http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]'' can be used to deal with cases of international child abduction. The Convention is an international treaty that requires foreign governments who have signed the Convention to take certain steps to return a child to the child's home country or "habitual residence".   

The Hague Convention is not about enforcing existing orders per se, but is rather about respecting the jurisdiction of other countries and their laws about custody rights.  The primary intention of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged abduction in order to deter parents from crossing international boundaries in search of a more sympathetic court or for any other reason.   A parent does not have to have a custody order to seek a return under the Convention, as the parent's rights can also arise by operation of law or under a written agreement. 

The Hague Convention applies only to children under the age of 16.

The Hague Convention also only applies between states that have signed the Convention. As of June 2017, the countries that have agreed to enforce custody orders with Canada are:

Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark (except the Faroe Islands & Greenland), Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong (Special Administrative Region of China), Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Macau (Special Administrative Region of China), Malta, Mauritius, Mexico, Republic of Moldova, Monaco, the Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, Serbia & Montenegro, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Turkey, Turkmenistan, United Kingdom, UK Anguilla, UK Bermuda, UK Cayman Islands, UK Falkland Islands, UK Isle of Man, UK Jersey, UK Montserrat, United States of America, Uruguay, Uzbekistan, Venezuela and Zimbabwe.

As of June 2017, the signatory countries who have not agreed to enforce custody orders with Canada, but will enforce custody orders with other countries (shame on them), are:

Albania, Andorra, Armenia, Dominican Republic, Gabon, Guatemala, Guinea, Kazakhstan, Lesotho, Morocco, Nicaragua, Republic of Korea, Republic of the Philippines, Russian Federation, San Marino, Seychelles, Singapore, Thailand and Ukraine.

Countries not listed above have elected not to participate in the Hague Convention (shame on them too). For more information and the current <span class="noglossary">standing</span> of signatory nations, check out the website of the [http://www.hcch.net/index_en.php Hague Conference on Private International Law], which reports on the status of the various Hague Conventions.