Hague child custody pact

24/9/2017 544 Social Issues | Disadvantaged Groups | View Recent Current Affairs

  • Indian government is planning to join the Hague abduction convention. The government had in November 2016 announced that it would not sign the convention.
  • The Ministry of Women and Child Development has reservations about the treaty because they believe it could trample on women’s rights.
  • However, America says India should sign this convention to create a more effective response to deal with abduction cases and prevent inter-country parental child abduction.

About Hague Abduction Convention:

  • The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty which seeks to protect children from the harmful effects of abduction or retention across international boundaries by providing a procedure to bring about their prompt return to their home.
  • The Hague Convention is not concerned with the merits of a custody case Criticisms or complaints about the custodial parent, or the terms of a custody award, are matters to be dealt with by the jurisdiction of the child’s habitual residence. Save in exceptional circumstances, the Convention is based on the assumption that it is in the child’s best interests to be returned quickly. This ensures that the abducting parent cannot profit from the abduction or retention by choosing one jurisdiction over another in the hope of reversing previous custody decisions. The Convention also seeks to secure protection for rights of access.
  • The Hague Convention was first concluded in October 1980 and it came into force in 1986. Today, over 70 countries are members of the Convention. The Permanent Bureau in The Hague oversees the activities of the Convention but it has no regulatory powers over individual countries. It cannot assist you or interfere in your case. The date on which the Convention came into force between your country and the country to which your child has been taken is important, as the Convention will not apply if your child was taken before that date.

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