In October 1980, the Hague Conference on Private International Law unanimously adopted the Hague Convention on the Civil Aspects of International Child Abduction, which was signed by a number of countries including the United States.
The goal of this multilateral treaty is to secure the prompt return of children wrongfully removed from or retained in any country which is a party to the Convention. The countries that are parties to the Convention have agreed that, subject to certain limited exceptions and conditions, a child who is removed from or retained in one of the signatory countries shall be promptly returned to the other member country where the child habitually resided before the abduction or wrongful retention.
The Hague Convention is a return mechanism that does not resolve custody issues or any additional disputes concerning the child’s status. It merely provides a remedy for one parent to obtain the quick return of a child to his or her habitual country, where custody and other disputed issues may be resolved.
At present, this Convention is the the only piece of international legislation that provides for the return of an internationally abducted child. The Philippines and many Middle Eastern countries are not signatories to this Convention. This means that if your child is taken out of the country without your knowledge and consent by the other parent, even with a valid visitation agreement confirmed by a Philippine court, you may have problems seeking the return of your child if he or she is taken to a country that does not observe this Convention.
You may also want to read:
- Some precautionary measures against parental kidnapping
- Can children travel abroad without father’s consent?
- Hold Departure Order in custody cases