28. CONVENTION ON THE CIVIL ASPECTS OF
INTERNATIONAL CHILD ABDUCTION1(Concluded 25 October 1980)
The States signatory to the present Convention,
Firmly convinced that the interests of children are of paramount importance in matters relating to their
custody,
Desiring to protect children internationally from the harmful effects of their wrongful removal or retention
and to establish procedures to ensure their prompt return to the State of their habitual residence, as
well as to secure protection for rights of access,
Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions –
CHAPTER I – SCOPE OF THE CONVENTION
Article 1
The objects of the present Convention are –
a) to secure the prompt return of children wrongfully removed to or retained in any Contracting
State; and
b) to ensure that rights of custody and of access under the law of one Contracting State are
effectively respected in the other Contracting States.
Article 2
Contracting States shall take all appropriate measures to secure within their territories the
implementation of the objects of the Convention. For this purpose they shall use the most expeditious
procedures available.
Article 3
The removal or the retention of a child is to be considered wrongful where –
a) 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
b) 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.
The rights of custody mentioned in sub-paragraph a) above, 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.1This Convention, including related materials, is accessible on the website of the Hague Conference on Private
International Law (www.hcch.net), under "Conventions" or under the "Child Abduction Section". For the full history
of the Convention, see Hague Conference on Private International Law, Actes et documents de la Quatorzième
session (1980), Tome III, Child abduction (ISBN 90 12 03616 X, 481 pp.).
Article 4
The Convention shall apply to any child who was habitually resident in a Contracting State immediately
before any breach of custody or access rights. The Convention shall cease to apply when the child
attains the age of 16 years.
Article 5
For the purposes of this Convention –
a) "rights of custody" shall include rights relating to the care of the person of the child and, in
particular, the right to determine the child's place of residence;
b) "rights of access" shall include the right to take a child for a limited period of time to a place other
than the child's habitual residence.
CHAPTER II – CENTRAL AUTHORITIES
Article 6
A Contracting State shall designate a Central Authority to discharge the duties which are imposed by
the Convention upon such authorities.
Federal States, States with more than one system of law or States having autonomous territorial
organisations shall be free to appoint more than one Central Authority and to specify the territorial
extent of their powers. Where a State has appointed more than one Central Authority, it shall designate
the Central Authority to which applications may be addressed for transmission to the appropriate
Central Authority within that State.
Article 7
Central Authorities shall co-operate with each other and promote co-operation amongst the competent
authorities in their respective States to secure the prompt return of children and to achieve the other
objects of this Convention.
In particular, either directly or through any intermediary, they shall take all appropriate measures –
a) to discover the whereabouts of a child who has been wrongfully removed or retained;
b) to prevent further harm to the child or prejudice to interested parties by taking or causing to be
taken provisional measures;
c) to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d) to exchange, where desirable, information relating to the social background of the child;
e) to provide information of a general character as to the law of their State in connection with the
application of the Convention;
f) to initiate or facilitate the institution of judicial or administrative proceedings with a view to
obtaining the return of the child and, in a proper case, to make arrangements for organising or
securing the effective exercise of rights of access;
g) where the circumstances so require, to provide or facilitate the provision of legal aid and advice,
including the participation of legal counsel and advisers;
h) to provide such administrative arrangements as may be necessary and appropriate to secure the
safe return of the child;
i) to keep each other informed with respect to the operation of this Convention and, as far as
possible, to eliminate any obstacles to its application.
CHAPTER III – RETURN OF CHILDREN
Article 8
Any person, institution or other body claiming that a child has been removed or retained in breach of
custody rights may apply either to the Central Authority of the child's habitual residence or to the
Central Authority of any other Contracting State for assistance in securing the return of the child.
The application shall contain –
a) information concerning the identity of the applicant, of the child and of the person alleged to have
removed or retained the child;
b) where available, the date of birth of the child;
c) the grounds on which the applicant's claim for return of the child is based;
d) all available information relating to the whereabouts of the child and the identity of the person
with whom the child is presumed to be.
The application may be accompanied or supplemented by –
e) an authenticated copy of any relevant decision or agreement;
f) a certificate or an affidavit emanating from a Central Authority, or other competent authority of
the State of the child's habitual residence, or from a qualified person, concerning the relevant law
of that State;
g) any other relevant document.
Article 9
If the Central Authority which receives an application referred to in Article 8 has reason to believe that
the child is in another Contracting State, it shall directly and without delay transmit the application to the
Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant,
as the case may be.
Article 10
The Central Authority of the State where the child is shall take or cause to be taken all appropriate
measures in order to obtain the voluntary return of the child.
Article 11
The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for
the return of children.
If the judicial or administrative authority concerned has not reached a decision within six weeks from
the date of commencement of the proceedings, the applicant or the Central Authority of the requested
State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the
right to request a statement of the reasons for the delay. If a reply is received by the Central Authority
of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting
State, or to the applicant, as the case may be.
Article 12
Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the
commencement of the proceedings before the judicial or administrative authority of the Contracting
State where the child is, a period of less than one year has elapsed from the date of the wrongful
removal or retention, the authority concerned shall order the return of the child forthwith.
The judicial or administrative authority, even where the proceedings have been commenced after the
expiration of the period of one year referred to in the preceding paragraph, shall also order the return of
the child, unless it is demonstrated that the child is now settled in its new environment.
Where the judicial or administrative authority in the requested State has reason to believe that the child
has been taken to another State, it may stay the proceedings or dismiss the application for the return of
the child.
Article 13
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the
requested State is not bound to order the return of the child if the person, institution or other body which
opposes its return establishes that –
a) the person, institution or other body having the care of the person of the child was not actually
exercising the custody rights at the time of removal or retention, or had consented to or
subsequently acquiesced in the removal or retention; or
b) there is a grave risk that his or her return would expose the child to physical or psychological
harm or otherwise place the child in an intolerable situation.
The judicial or administrative authority may also refuse to order the return of the child if it finds that the
child objects to being returned and has attained an age and degree of maturity at which it is appropriate
to take account of its views.
In considering the circumstances referred to in this Article, the judicial and administrative authorities
shall take into account the information relating to the social background of the child provided by the
Central Authority or other competent authority of the child's habitual residence.
Article 14
In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3,
the judicial or administrative authorities of the requested State may take notice directly of the law of,
and of judicial or administrative decisions, formally recognised or not in the State of the habitual
residence of the child, without recourse to the specific procedures for the proof of that law or for the
recognition of foreign decisions which would otherwise be applicable.
Article 15
The judicial or administrative authorities of a Contracting State may, prior to the making of an order for
the return of the child, request that the applicant obtain from the authorities of the State of the habitual
residence of the child a decision or other determination that the removal or retention was wrongful
within the meaning of Article 3 of the Convention, where such a decision or determination may be
obtained in that State. The Central Authorities of the Contracting States shall so far as practicable
assist applicants to obtain such a decision or determination.
Article 16
After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial
or administrative authorities of the Contracting State to which the child has been removed or in which it
has been retained shall not decide on the merits of rights of custody until it has been determined that
the child is not to be returned under this Convention or unless an application under this Convention is
not lodged within a reasonable time following receipt of the notice.
Article 17
The sole fact that a decision relating to custody has been given in or is entitled to recognition in the
requested State shall not be a ground for refusing to return a child under this Convention, but the
judicial or administrative authorities of the requested State may take account of the reasons for that
decision in applying this Convention.
Article 18
The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the
return of the child at any time.
Article 19
A decision under this Convention concerning the return of the child shall not be taken to be a
determination on the merits of any custody issue.
Article 20
The return of the child under the provisions of Article 12 may be refused if this would not be permitted
by the fundamental principles of the requested State relating to the protection of human rights and
fundamental freedoms.
CHAPTER IV – RIGHTS OF ACCESS
Article 21
An application to make arrangements for organising or securing the effective exercise of rights of
access may be presented to the Central Authorities of the Contracting States in the same way as an
application for the return of a child.
The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to
promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the
exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as
possible, all obstacles to the exercise of such rights.
The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution
of proceedings with a view to organising or protecting these rights and securing respect for the
conditions to which the exercise of these rights may be subject.
CHAPTER V – GENERAL PROVISIONS
Article 22
No security, bond or deposit, however described, shall be required to guarantee the payment of costs
and expenses in the judicial or administrative proceedings falling within the scope of this Convention.
Article 23
No legalisation or similar formality may be required in the context of this Convention.
Article 24
Any application, communication or other document sent to the Central Authority of the requested State
shall be in the original language, and shall be accompanied by a translation into the official language or
one of the official languages of the requested State or, where that is not feasible, a translation into
French or English.
However, a Contracting State may, by making a reservation in accordance with Article 42, object to the
use of either French or English, but not both, in any application, communication or other document sent
to its Central Authority.
Article 25
Nationals of the Contracting States and persons who are habitually resident within those States shall be
entitled in matters concerned with the application of this Convention to legal aid and advice in any other
Contracting State on the same conditions as if they themselves were nationals of and habitually
resident in that State.
Article 26
Each Central Authority shall bear its own costs in applying this Convention.
Central Authorities and other public services of Contracting States shall not impose any charges in
relation to applications submitted under this Convention. In particular, they may not require any
payment from the applicant towards the costs and expenses of the proceedings or, where applicable,
those arising from the participation of legal counsel or advisers. However, they may require the
payment of the expenses incurred or to be incurred in implementing the return of the child.
However, a Contracting State may, by making a reservation in accordance with Article 42, declare that
it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the
participation of legal counsel or advisers or from court proceedings, except insofar as those costs may
be covered by its system of legal aid and advice.
Upon ordering the return of a child or issuing an order concerning rights of access under this
Convention, the judicial or administrative authorities may, where appropriate, direct the person who
removed or retained the child, or who prevented the exercise of rights of access, to pay necessary
expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or
payments made for locating the child, the costs of legal representation of the applicant, and those of
returning the child.
Article 27
When it is manifest that the requirements of this Convention are not fulfilled or that the application is
otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the
Central Authority shall forthwith inform the applicant or the Central Authority through which the
application was submitted, as the case may be, of its reasons.
Article 28
A Central Authority may require that the application be accompanied by a written authorisation
empowering it to act on behalf of the applicant, or to designate a representative so to act.
Article 29
This Convention shall not preclude any person, institution or body who claims that there has been a
breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the
judicial or administrative authorities of a Contracting State, whether or not under the provisions of this
Convention.
Article 30
Any application submitted to the Central Authorities or directly to the judicial or administrative
authorities of a Contracting State in accordance with the terms of this Convention, together with
documents and any other information appended thereto or provided by a Central Authority, shall be
admissible in the courts or administrative authorities of the Contracting States.
Article 31
In relation to a State which in matters of custody of children has two or more systems of law applicable
in different territorial units –
a) any reference to habitual residence in that State shall be construed as referring to habitual
residence in a territorial unit of that State;
b) any reference to the law of the State of habitual residence shall be construed as referring to the
law of the territorial unit in that State where the child habitually resides.
Article 32
In relation to a State which in matters of custody of children has two or more systems of law applicable
to different categories of persons, any reference to the law of that State shall be construed as referring
to the legal system specified by the law of that State.
Article 33
A State within which different territorial units have their own rules of law in respect of custody of
children shall not be bound to apply this Convention where a State with a unified system of law would
not be bound to do so.
Article 34
This Convention shall take priority in matters within its scope over the Convention of 5 October 1961
concerning the powers of authorities and the law applicable in respect of the protection of minors, as
between Parties to both Conventions. Otherwise the present Convention shall not restrict the
application of an international instrument in force between the State of origin and the State addressed
or other law of the State addressed for the purposes of obtaining the return of a child who has been
wrongfully removed or retained or of organising access rights.
Article 35
This Convention shall apply as between Contracting States only to wrongful removals or retentions
occurring after its entry into force in those States.
Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph
to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this
Convention applies.
Article 36
Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions
to which the return of the child may be subject, from agreeing among themselves to derogate from any
provisions of this Convention which may imply such a restriction.
CHAPTER VI – FINAL CLAUSES
Article 37
The Convention shall be open for signature by the States which were Members of the Hague
Conference on Private International Law at the time of its Fourteenth Session.
It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval
shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 38
Any other State may accede to the Convention.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of
the Netherlands.
The Convention shall enter into force for a State acceding to it on the first day of the third calendar
month after the deposit of its instrument of accession.
The accession will have effect only as regards the relations between the acceding State and such
Contracting States as will have declared their acceptance of the accession. Such a declaration will also
have to be made by any Member State ratifying, accepting or approving the Convention after an
accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the
Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the
Contracting States.
The Convention will enter into force as between the acceding State and the State that has declared its
acceptance of the accession on the first day of the third calendar month after the deposit of the
declaration of acceptance.
Article 39
Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the
Convention shall extend to all the territories for the international relations of which it is responsible, or to
one or more of them. Such a declaration shall take effect at the time the Convention enters into force
for that State.
Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign
Affairs of the Kingdom of the Netherlands.
Article 40
If a Contracting State has two or more territorial units in which different systems of law are applicable in
relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance,
approval or accession declare that this Convention shall extend to all its territorial units or only to one or
more of them and may modify this declaration by submitting another declaration at any time.
Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the
Netherlands and shall state expressly the territorial units to which the Convention applies.
Article 41
Where a Contracting State has a system of government under which executive, judicial and legislative
powers are distributed between central and other authorities within that State, its signature or
ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration
in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.
Article 42
Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time
of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for
in Article 24 and Article 26, third paragraph. No other reservation shall be permitted.
Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the
Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The reservation shall cease to have effect on the first day of the third calendar month after the
notification referred to in the preceding paragraph.
Article 43
The Convention shall enter into force on the first day of the third calendar month after the deposit of the
third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.
Thereafter the Convention shall enter into force –
(1) for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of
the third calendar month after the deposit of its instrument of ratification, acceptance, approval or
accession;
(2) for any territory or territorial unit to which the Convention has been extended in conformity with
Article 39 or 40, on the first day of the third calendar month after the notification referred to in that
Article.
Article 44
The Convention shall remain in force for five years from the date of its entry into force in accordance
with the first paragraph of Article 43 even for States which subsequently have ratified, accepted,
approved it or acceded to it.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands
at least six months before the expiry of the five year period. It may be limited to certain of the territories
or territorial units to which the Convention applies.
The denunciation shall have effect only as regards the State which has notified it. The Convention shall
remain in force for the other Contracting States.
Article 45
The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of
the Conference, and the States which have acceded in accordance with Article 38, of the following –
(1) the signatures and ratifications, acceptances and approvals referred to in Article 37;
(2) the accessions referred to in Article 38;
(3) the date on which the Convention enters into force in accordance with Article 43;
(4) the extensions referred to in Article 39;
(5) the declarations referred to in Articles 38 and 40;
(6) the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals
referred to in Article 42;
(7) the denunciations referred to in Article 44.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague, on the 25th day of October, 1980, in the English and French languages, both texts
being equally authentic, in a single copy which shall be deposited in the archives of the Government of
the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic
channels, to each of the States Members of the Hague Conference on Private International Law at the
date of its Fourteenth Session.