Hague Convention child custody

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If a child is taken to the United States from another country that is part of the Hague Abduction Convention, the parent left behind can ask for the child’s return using either:

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), or
The Hague Convention.

The UCCJEA case must go to state court, while a Hague case can go to state or federal court.

Choosing the right option is very important and should be made carefully.

When the UCCJEA Might Be Better

You might want to use the UCCJEA instead of the Hague Convention in these situations:

The Hague Convention is not in effect between the U.S. and the child’s home country, even if that country joined the treaty.
The child is already 16 or will soon turn 16. The Hague Convention only applies to children under 16.
You’re only asking for visitation rights, not the return of the child. The Hague Convention doesn’t help with visitation.
The child’s home country made a custody order after the child was taken away.
The child lived in the home country for over 6 months, but it’s not clear if that was the child’s habitual residence (which is needed for the Hague). The UCCJEA uses a different concept called home state.
One of the Hague exceptions might apply. For example, if returning the child would cause serious harm or create a dangerous situation.

A Hague case might be much more expensive, because it often needs a lot of evidence and expert analysis.

When the Hague Convention Might Be Better

The Hague Convention may be a better choice in these cases:

The foreign court won’t take the case because the child is no longer in that country.
The foreign country is not considered the child’s home state under the UCCJEA (for example, the child lived there less than 6 months).
The foreign court doesn’t have legal authority to handle the case for other reasons.
The foreign court did not give proper notice to the other parent or didn’t give them a chance to speak.
There is no custody order from the foreign country and no way to get one.
There’s a good reason to go to federal court in the U.S. instead of a state court (for example, federal courts might stick closer to the rules of the treaty and not focus as much on the “best interests” of the child).
The foreign country provides free legal help (legal aid) for Hague cases, but not for UCCJEA cases.

The parent filing the case wants to ask the other parent to pay for legal costs. The International Child Abduction Remedies Act allows this in many Hague cases.

Talk to an Expert

These situations are complex and require help from lawyers who understand international child abduction laws and the Hague Convention.

Moshier Law is here to help you make the best decision for your child and your family.

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The Hague Abduction Convention vs. the UCCJEA: Which One Applies

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When the UCCJEA Might Be Better

When the Hague Convention Might Be Better

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