International Child Abduction

Hague Convention of 25 October 1980 on the civil aspects of international child abduction aims to the immediate return of the children wrongfully removed and the protection of visitation rights of non-custodial parent.

According to the Hague Convention, international child abduction occurs when a parent moves the child, without any authorization, in a foreing country other than the birth place or the habitual residence one. Instead, child detention abroad occurs when the child, after a stay abroad, doesn't return to the country of habitual residence, because held aborad.

Hague Convention applies only when:

- custody or visitation rights are based on the law or the court decision of the country of habitual residence, before the abduction
- the parent who seeks for the return, has really exercised his parental rights and responsabilities, before the abduction
- the child is under 16
- the return is asked within one year after the abduction
- the return doesn't cause any harm to the child

By Mr. Luca Santaniello
Lawyer at Santaniello & Partners

Note: see also Child Custody Disputes