Every matter under the Hague Convention plays out differently and is subject to different facts. Thus, it is useless to furnish a detailed exposition of the process adopted in Hague Proceedings. I will therefore merely provide you with a very broad outline:
- A child is wrongfully taken from or kept outside their country of habitual residence, in violation of custody rights.
- For the convention to be triggered, there must be a wrongful removal or retention. In the absence of such wrongful removal or retention, the convention does not become applicable.
- The left-behind parent or guardian submits an application to the Central Authority in their country for assistance in securing the return of the child.
- In the South African Context, this entails applying Regulation 15 of the Regulations relating to Children's Courts and International Child Abduction, 2010.
- The Central Authorities in both the child's habitual residence and the country where the child is located cooperate to locate the child and facilitate their return.
- The Convention mandates, in Article 7, that Central Authorities shall cooperate and promote cooperation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.
- The case is brought before the judicial or administrative authorities in the country where the child is located for determination.
FAQs on the Hague Convention
1. What is the main purpose of the Hague Convention? The main purpose of the Hague Convention is to secure the prompt return of children wrongfully removed to or retained in any Contracting State and to ensure that rights of custody and access are respected across Contracting States.
2. Who is responsible for implementing the Hague Convention in each country? Each contracting state designates a Central Authority responsible for implementing and coordinating the obligations set forth in the convention.
3. What is meant by 'habitual residence' in the context of the Hague Convention? 'Habitual residence' refers to the country where a child has established a significant degree of integration into a social and family environment. It implies a stable territorial link achieved through length of stay or
