Making Sense of International Child Abductions: What Does Article 3 of the Hague Convention Mean?

It is unquestionable that virtually every Chicago parent’s worst nightmare likely includes the abduction of their beloved child or children to some unknown location, particularly one that is overseas. For some Chicago parents, unfortunately, this scary and harrowing scenario becomes an all-too-real reality. Indeed, when a Chicago child custody case gets heated and controversial, and a non-custodial parent has ties internationally, a Chicago parent may worry that they may lose their kids to an international parental child abduction. Fortunately, for Chicago parents who are facing an international parental child abduction, or who have the feeling that their ex may take their child overseas without permission and in violation of court child custody orders, there is a legal mechanism for getting kids abducted by a non-custodial parent back home safely. This is called the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, also commonly called “The Hague Convention.”

Article 3 of the Hague Convention Applicable to Chicago Parental Child Abductions

Article 3 of the Hague Convention recognizes a custodial parent’s child custody rights, and protects those rights in the case of an international parental child abduction. Under Article 3 of the Hague Convention, “The removal or the retention of a child is to be considered wrongful where…it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and…at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.” In addition, “The rights of custody mentioned…may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.” Simply put, If you have legal or physical custody of your child or children as ordered by a Chicago judge and your child’s non-custodial parent takes the child out of the country, the Hague Convention gives you a legal framework to assert those rights in the country where your child was wrongfully taken.

Getting Legal Help with Your Chicago International Parental Child Abduction – Chicago International Family Law Hague Convention Lawyer

 There is nothing more frightening than facing the loss of a loved one to an international parental child abduction. No parent should have to face the complex, challenging, and terrifying process of retrieving a missing child from their non-custodial parent alone. If you are in the Chicago area and you need legal help with your international parental child abduction case, do not hesitate to speak to an experienced attorney about your case as soon as possible. The experienced Chicago international family law Hague Convention lawyers at the law firm Arnoux Sharma Standeford, LLC help Chicago parents with their complex child abduction cases and help them facilitate the safe return of their loved one. Do not hesitate to speak to a lawyer about your rights and next steps today. Contact Arnoux Sharma Standeford, LLC and chat with a lawyer now.

Source:

hcch.net/en/instruments/conventions/full-text/?cid=24