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Child Custody Rights Under the Hague Convention Oklahoma City
Child Custody Rights Under the Hague Convention Oklahoma City

Child custody cases are very complex and there are many laws that govern this delicate aspect of family law. The cases can get even more complex if the child custody issues cross international borders. The specific details of international child custody has been written and ratified by multiple countries in the Hague Convention. But what is the Hague Convention and what does it mean for child custody? What are children's rights according to this convention? How can a child custody attorney in Oklahoma City protect your interests according to this convention?

The basics

The Hague Abduction Convention, as it is usually known (the formal name is “The Hague Convention on the Civil Aspects of International Child Abduction”) is an international treaty that provides a simple, expeditious method to return a child that has been abducted by a parent from a country to another. The convention was created and developed by the Hague Conference on Private International Law (abbreviated as HCCH) and was ratified by 101 countries, including the United States. Almost all countries in the Western World and the Americas have ratified it, so the protection of children is guaranteed in many jurisdictions.

The Hague Abduction Convention took place on October 25th, 1980 and went into effect on December 1st, 1983, when it was ratified by the first members. The convention essentially stipulates the conditions for the return of the wrongful removal or retention of a child by a parent, if it crosses international borders. The provisions focus primarily on parents who are doing this in order to find a more sympathetic court. The provisions of the convention apply only to children under the age of 16.

What Does It Mean For Child Custody Cases?

The convention is designed to offer protection for children from international abduction. It offers provisions for the quick return of the child to his or her habitual residence. There are multiple provisions in the convention. Ask your child custody lawyer in Oklahoma City for more information if you are not sure what this means for your case. Let's take a look at them more closely:

Both visitation rights, schedules and custody rights will remain in force according to the country where the child has habitual residence. The rules cannot change if the child is abducted and is living illegally in another country. The laws from the country of habitual residence will apply in all cases. The convention focuses on the needs and interests of the child and how his or her life changes when living in another country. The convention is particularly important because not all countries have similar child custody laws and the legal requirements may vary depending on where the child is living. Because nations are sovereign, other nations are not permitted to interfere with the laws, legal systems or law enforcement in other nations. Each country is considered sovereign by international law.

The procedural nature of the convention

The convention does not change or alter the substantive rights of the children involved in abduction cases. The convention regulates that the court where the action is filed has the right to determine the country in which the hearing should take place. Usually, the child is returned to the member country, rather than to the parent which was left behind. The convention also stipulates that all proceedings related to the return of the child have to be done expeditiously and should not cover a period of more than six weeks from the start date of the proceedings. Talk with your child custody attorney in Oklahoma City if you feel like your child was a victim of this type of abduction. You will need legal guidance and support when filing a Hague Convention action against your spouse.

The Wrongful Removal Or Retention Of The Child

The convention applies in these scenarios:

  • The removal and retention of the child is in breach of rights of custody attributed to an institution or a person and is against the laws of the State in which the child is a habitually resident.

  • At the time of the removal, the rights were respected and enforced but were terminated because of the removal or retention.

The rights of custody mentioned above are guaranteed by law or by a judicial decision, and is in agreement with the local laws, according to the country of habitual residence. Your child custody lawyer in Oklahoma City can offer legal support and guidance if you feel like your child is a victim of international abduction. Make sure to contact them.

The habitual residence

The term habitual residence is not defined in the convention, and it should not be seen as a technical, precise term. The exact habitual residence of a child should be determined according to each specific case and is often considered the child's “ordinary residence”. The convention mandates the return of the child to the country where he or she is a habitual resident. Essentially the child is protected by the convention against forced removal from his normal place of residence. A parent cannot recreate a habitual residence, after the forced removal or retention. The child can have only one habitual residence, which is considered the initial one, before the removal event. The habitual residence term is not technical; it is fact-based and should be determined in court if there are any legal problems related to this aspect. The facts should be thoroughly considered by the court and should include the child's age and history of the location, the prior events related to his or her location and the nature of the family. Talk with your child custody attorney in Oklahoma City for more information about the habitual residence of your child.


The evidence in international abductions

The convention has multiple stipulations on how and if the evidence is admitted and considered relevant to the case. The evidence must always be produced in order to guarantee the return of the child. No country can ask for the legalization of the abduction and cannot decide independently where the child should live. Talk to a child custody lawyer in Oklahoma City to learn more about this delicate topic.

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Child custody is one of the most important issues to consider when registering for a divorce. Since the guardian should stay with the child who will take care of him in the best way. I'm categorically against the prohibition of one of the parents from seeing the child because the children need the attention of both parents. When a child experiences stressful situations (for example, CA online divorce by parents), he needs the parent's attention. Sometimes adults cannot even imagine what kind of pain their child is experiencing. From childhood, health problems begin on the basis of the constant trials. Take care of your children!
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