HOW DOES THE HAGUE CONVENTION BASICALLY WORK?
The Hague Convention was created in order to provide a speedy and summary procedure in cases of international child abduction. The idea was to avoid the need to investigate different foreign laws, and to provide some limited defences where returning the child would be seriously against his welfare.
Article 12 provides that where less than one year has passed since child was wrongfully removed or retained, and proceedings started, then the 'the authority shall order the return of the child forthwith'. Even where more than one year has passed, the authority 'shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment'.
Article 12 provides that where less than one year has passed since child was wrongfully removed or retained, and proceedings started, then the 'the authority shall order the return of the child forthwith'. Even where more than one year has passed, the authority 'shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment'.
Convention In Action