Moving to another country with a minor child: The Hague Convention on the Civil Aspects of International Child Abduction
- Caroline Meijerink
- May 21
- 3 min read
The Hague Convention on the Civil Aspects of International Child Abduction is one of the most important legal instruments for protecting minors in cases of displacement or unlawful retention by a parent in another country. This post aims to explain, in a clear and technical but brief way, the main points of this convention, including its rules, exceptions and how it works in practice.
1. What is the Hague Convention on the Civil Aspects of International Child Abduction? (If you want to move to another country with a minor child, you should know about this)
The Hague Convention was adopted in 1980 and entered into force in several countries to deal with cases of international child abduction. The term “abduction” here does not refer to the crime, but rather to the situation in which a child is removed or kept in a country other than his or her place of habitual residence, without the consent of the other parent who has custody or the right to decide on the child's place of residence, either exclusively or jointly with the parent who promoted the unlawful removal or retention.
The main purpose of the Convention is to guarantee the immediate return of the child to their country of habitual residence, restoring the legal situation that existed before the wrongful removal or retention. It also promotes cooperation between the signatory states to prevent and resolve such cases quickly.
2. Main rules on the retention of children in another country by a parent
The Hague Convention establishes that, in the event of the wrongful removal or retention of a child by a parent, the competent authority of the country where the child is located must take the necessary measures to ensure the child's immediate return to the country of habitual residence.
The main criteria for applying the Convention include:
The child must be under 16 years of age.
The country to which the child has been displaced or detained must be a signatory to the Convention.
The removal or retention violates the custody or visitation rights established in the child's country of habitual residence.
The process is activated through a request for return, which can be made by the aggrieved parent (or other persons) to the so-called “Central Authorities” designated in the signatory states. These authorities coordinate the case and ensure that it is dealt with urgently, minimizing the impact on the child.
3. Exceptions to the rule: Article 13(b)
Although the return of the child is the general rule, the Convention provides for specific and restricted exceptions. Article 13(b) is possibly the most recurrent basis for denying return. It states that the authority of the country to which the child has been displaced may refuse return if it is proven that “there is a serious risk that the child, on his or her return, will be subjected to physical or psychological danger or otherwise placed in an intolerable situation”.
It is important to note that this exception is applied restrictively and in extraordinary situations. The aim is to prevent the exception from being abused and the principle of immediate return from losing its effectiveness. Each case must be analyzed in detail by the competent authorities, with priority attention to the best interests of the child.
4. Which countries are signatories to the Convention?
The Hague Convention has international application and has been joined by several countries, such as Portugal, Brazil, France, Spain and the United States, among others. The full list of signatory states can be found on the official HCCH website (https://www.hcch.net/en/instruments/conventions/status-table/?cid=24).
This broad membership reinforces the relevance of the Convention as a legal instrument for dealing with cases of international child abduction in different jurisdictions, promoting a uniform and efficient solution.
But it is worth remembering that there are countries that are not signatories to the Convention, such as Egypt, for example (at least at the time of writing this post). In other words, there are countries that haven't adhered to the rules and procedures created by the Convention, so it is not possible to act through this international treaty in the case of these countries..
5. Conclusions
The Hague Convention on the Civil Aspects of International Child Abduction plays an essential role in the protection of minors and the resolution of international custody disputes. Although it prioritizes the immediate return of the child to the country of habitual residence, the instrument recognizes exceptional situations that may justify remaining in the host country.
If you are facing a situation related to international child abduction or intend to move to another country with a minor child, and need guidance on the application of the Convention, as always, we recommend that you seek the assistance of a lawyer in order to achieve the best possible protection for the interests of the child and all the family members involved.
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