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The Hague Convention and International Relocation

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty that was adopted by the Hague Conference on Private International Law in 1980. It is designed to protect children from the harmful effects of international child abduction and to ensure their prompt return to their country of habitual residence, where any custody disputes can be resolved.

The Convention applies to children under the age of 16 and is intended to prevent one parent from taking a child to a different country without the other parent's consent or without a court order. It applies to both international and intranational cases, meaning that it can be used to return a child who has been taken to another part of the same country without the other parent's consent.

The Convention has been ratified by more than 100 countries, including Australia, the United States, Canada, and most countries in Europe. If a child has been abducted to a country that is a party to the Convention, the left-behind parent can file a request for the child's return with the Central Authority in the country where the child is located. The Central Authority is responsible for handling requests for the return of abducted children and for assisting with the resolution of custody disputes.

If a court in the country where the child is located determines that the child has been wrongfully removed or retained, it will order the child's return to their country of habitual residence. The Convention sets out specific procedures that must be followed in order to ensure the prompt return of the child.

However, there are some exceptions to the Convention's provisions on the return of abducted children. For example, if a child has been in the country where they are located for more than one year, the court may decide not to return the child if it determines that it would not be in the child's best interests to do so. Additionally, if the left-behind parent was not exercising their custody rights at the time of the abduction, the court may decide not to return the child.

In cases where the Convention does not apply, or where the left-behind parent is unable to secure the return of the child through the Convention, they may have to rely on domestic laws or other legal remedies in the country where the child is located.

International child relocation can be a complex and emotionally charged issue, and it is important for parents to seek legal advice if they are facing a potential child abduction or custody dispute. The Hague Convention and other legal remedies can provide important protections for children and their parents, but it is always best to try to resolve these issues through negotiation and cooperation whenever possible.

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