International Child Abduction.

• Author: Blitt, Max
• Position: Special Report Globalization

This article draws on the writer's papers titled "International Child Abduction: How the Hague Convention On The Civil Aspects on International Child Abduction Operates in Canada" and "Case Comment on the SCC Ruling under the Hague Convention". Contact the writer for more information on these papers.

Relationships between individuals from different countries are much more common in our world today. If the relationship breaks down and there are children involved, we can have an issue spanning countries! What happens if one parent takes the child to another country without the other parent's consent? This is international child abduction.

In a recent news article, Global Affairs Canada said it is "currently managing more than 250 cases related to international child abductions." From January to May of 2019, Global Affairs opened 34 new child abduction cases. In 2018, it opened 64 new cases.

To help combat international child abduction, Canada signed the Hague Convention on the Civil Aspects of International Child Abduction (the "Hague Convention") on October 25, 1980. Canada ratified the Hague Convention on December 1, 1983. Each province and territory brought the Hague Convention into force in its jurisdiction between 1983 and 1988. This means the Hague Convention has the force of law in all of Canada.

What is the Hague Convention?

The Hague Convention is a multilateral agreement between countries. As of July 19, 2019,101 countries are contracting parties to the Hague Convention.

The main objectives of the Hague Convention are set out in Article 1:

1. to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and

2. to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.

The Hague Convention does not deal with the merits of a custody decision. Instead, it respects the custody decision of a jurisdiction in which the child resided prior to their removal (called the "habitual residence"). The underlying premise of the Hague Convention is that the courts of the child's habitual residence are properly equipped to make the appropriate decisions about the child's welfare.

How does the Hague Convention work?

Each contracting state must appoint a Central Authority. This Central Authority is required to:

* receive applications for the return of children or for access to children;

* attempt to secure the voluntary return of...