Hague Convention in North Carolina
When a child is wrongfully taken across international borders, the Hague Convention offers a legal path to bring them home, but it isn’t a custody decision.
Why the Hague Convention Exists
When a marriage or relationship ends, disputes over who gets custody of a child can already be difficult. Those disputes become far more complicated when one parent takes the child across international borders, sometimes specifically to seek a more favorable custody ruling in another country. To address this problem, the United States and a number of other countries signed the Hague Convention on the Civil Aspects of International Child Abduction.
A Return Mechanism, Not a Custody Decision
The Convention creates a legal mechanism to return a wrongfully removed or retained child to their country of “habitual residence”— generally, the country where the child actually lived before the wrongful removal. It applies to children under the age of 16.
If Your Child Has Been Taken Abroad
If you believe your child has been wrongfully taken to, or is being wrongfully kept in, another country, time is critical. In the United States, the State Department’s Office of Children’s Issues serves as the Central Authority that assists parents in Hague Convention cases, while your attorney represents you directly in court. Our firm has handled international child abduction matters for North Carolina parents and can help you understand your legal options.
Common Questions
Does the Hague Convention decide who gets custody of my child?
No. It only addresses whether a child should be returned to their country of habitual residence. Any custody dispute is then resolved separately, typically in that country’s courts.
Does the Hague Convention apply to every country?
No. It only applies between countries that are parties to the Convention. Whether it applies to your situation depends on which countries are involved.
What age limit applies under the Hague Convention?
The Convention generally applies to children under the age of 16.
Who do I contact if my child has been taken to another country?
You should contact an attorney immediately, and you can also reach out to the U.S. State Department’s Office of Children’s Issues, which serves as the U.S. Central Authority for these cases.
Facing an International Custody Issue?
If your child has been wrongfully taken across international borders, time matters. Contact our family law attorneys right away to discuss your options.