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Divorce Guide |
Hague Convention the Civil Aspects of International Child AbductionInternational Child Issue is a social evil all around the globe. Hague Convention addresses the Civil Aspects of International Child Abduction. The convention was formed in 1980 so that the evil of International Child Abduction could be dealt in a more systematic and result-oriented manner. The convention recognizes the fact that since every country has its own system of governance, there should be a uniform legislation to handle the cases of International Child Abduction. The problem of International Child Abduction is quite acute in countries with great ethnic mix, for example UK, Canada, USA, and so on. One parent takes the child to another country without the consent of the other parent. The child is in a way abducted who is never brought back to the original country. This is very common for children with divorced or separated parents. The instances of International Parental Child Abduction leaves the child deprived from the love and company of his full family. Thus if a parent is a victim of International parental child abduction, and if the child is abducted to a country that is a party to the convention then the Hague Convention will applied to his case. The convention is only applicable for children under 16 years. It is also a requirement that the abducted child was a habitual resident of one convention country and wrongfully retained in another convention country. If the case fulfils all the above criteria then you can fill the Hague Application. The application can either be submitted to the Central Authority or the Foreign Court of the country where the child is held. It can also directly be sent to the Hague convention office. Once the application is filed the case undergoes proceedings and operations applicable to that specific country where the child is abducted. There is a treaty obligation among the treaty nations to return the child until and unless one of the following conditions exists:
The wish of the child plays a very important role in deciding whether the child should be returned to the habitual country. Member of the CAFCASS takes the opinion of the child and sends a report to the court. In most of the cases the parent who has abducted the child returns him to the original country as soon as the application is filed in the convention with the fear of undergoing civil aspects of international child abduction. However, if the parent does not agree to do so then you will have to file a legal proceeding in the legal court. For this you need to appoint a legal attorney from your own country as a convention officer cannot participate in the legal proceedings. The convention does not provide for criminal sanction. The convention however can give you idea and information regarding the countries legal proceedings. You must remember that The Civil Aspects of International Child Abduction can only work for restoring the child’s residence and does not have to do anything with his citizenship.
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