The Hague Convention – Child Abduction
Do you know about it?
Monaco has ratified and acceded to The Hague Convention of October 25th, 1980 on the civil aspects of international Child Abduction but also to The Hague Convention of October 19th, 1996 on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children.
These conventions are important legal instruments because they aim to secure the prompt return of children wrongfully removed to or retained in any Contracting State. The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. However, the Convention shall cease to apply when the child is 16.
To secure the prompt return of children wrongfully removed, each Contracting State shall designate a Central Authority to apply the duties which are imposed by the Convention. In Monaco, the appointed Central Authority is the “Direction des Services Judiciaires”. However, the parents may also seize the judicial authority.
By Christine Pasquier-Ciulla and Mona Guezguez