Weinman & Associates

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What countries follow The Hague Convention For child custody?

On Behalf of | Jun 16, 2023 | Child Custody

Child custody issues can be complex in the state of Texas. While determining who has custody rights can be difficult enough in most cases, what can make matters even more complicated is when issues, like foreign nations and citizenship, come into play. When a child is seemingly abducted by one guardian to a foreign country, it can become extremely frightening for the other parent.

International rules for child custody

Thankfully, certain countries have agreed to adhere to US custody orders. While each country can have its own peculiar rules, many countries opted into an international treaty that was signed at the Hague Convention. This Hague Convention child custody treaty was created to prevent child abduction in which a parent flees with a child from one country to another. It allows for the child to be sent back to the original country to the other parent when appropriate.

Non-compliance to the Hague Convention

The Hague Convention was penned in 1980 and has since been agreed to by 81 different countries from Andorra to Zimbabwe. However, in terms of what countries follow The Hague Convention For child custody, eight countries are not compliant and will not comply with extradition orders by the US. These include:

  • Argentina
  • Bahamas
  • Brazil
  • Dominican Republic
  • Ecuador
  • Japan
  • Morocco
  • Peru

While many of these countries are on very good terms with the United States, they tend to adhere to their own child custody laws that give preference to their own citizens over the rights of citizens of the United States. While regaining custody of a child that was abducted to these countries is possible, it will be much more expensive and require much more legal wrangling.

International child custody issues can be frustrating. The Hague Convention can help with retrieving an abducted child, but it will not be adhered to in every foreign country. Overall, as a parent, you are probably in for a long and stressful process even if regaining custody of your child again is possible.

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