International laws

Article 35 – Convention on the Rights of the Child of 1990:

States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction  or of, the  sale of or traffic in children for any purpose or in any form.

Taken from the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

On 4 November 1950, the Member States of the Council of Europe adopted the European Convention for the Protection of Human Rights and Fundamental liberties. The latter also applies to parental abductions mainly through its article 8 relating – in particular – to the right to family life.

1980 Hague Convention on International Child Abduction:

This Convention, signed by 87 countries binds these countries on a cooperative plan when it comes to international child abduction, with the establishment of a central authority in each country. These must maintain a cooperative relationship in cases of illicit removal of children or illicit non-return. They can be contacted by citizens wishing to obtain the return of their child or international visitation rights.

Note that there are also internal laws within each country that regulate conflicts of illicit removal of children internationally. This means that domestic laws provide for a civil procedure that will be implemented within your country or the country where your child is located. The national courts therefore first hear the cases of wrongful removal of children first and will rule on your case first.

The purpose of this Convention is: (a) to secure the prompt return of children wrongfully removed or retained in any signatory state (b) effectively enforce in the other signatory states the rights of custody and visitation existing state who are signatories to the Convention.

Article 1 of the Hague Convention of 25 October 1980

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