What is The Hague Convention?

The Hague Convention is a series of international treaties designed to protect a child from the harmful effects of being wrongfully removed from their country of habitual residence and lays down the principles for countries to work together for the prompt return of the child to their place of habitual residence, and to organize parent-child visitations between states. The convention was taken into effect in Japan on April 1, 2014.

All states signed into the Hague Convention are obliged to promptly return a child to their state of habitual residence should they be wrongfully removed from it. The idea is that it is against the interests of the child to remove the child without the consent of the other parent, and that any custody and visitation matters should be decided by the proper court in the country of the child’s habitual residence.

Signing states are also required to ensure the child is able to maintain interaction with both of their parents, based on another idea that maintaining a strong bond with both parents best promotes the interest of the child.

The Hague Convention places utmost priority in the child’s welfare and happiness, and this is made clear in the preamble where it is stated,  “the interests of children are of paramount importance”. The child has the right to maintain interpersonal relationships and contact with each of their parents, and to wrongfully take away the child to another state is a breach of their human rights.

It is important to consider cultural differences when creating rules involving international topics, and discussions be made between couples regarding custody to ensure the best interests of the child. However, these discussions are only possible when both sides are equal in their relationship. If there are issues of domestic violence, or if discussions on equal footing are difficult due to financial reasons or language barriers, it is advised to seek a lawyer well-practiced in family law or the JB Line support services.