The 1980 Hague Convention on the Civil Aspects of International Child Abduction is an international treaty. The treaty aims to return children under 16 to their habitual residence if they are wrongfully taken or kept across borders without both parent’s consent. The definition of habitual residence is not clearly defined and can vary between countries.

While the Hague Convention is designed to protect from harm, its application can result in complex, emotionally distressing and financially straining international legal cases.

Even with a child arrangement order or when fleeing danger, international custody disputes under Hague may still arise and potentially result in a child being removed from one parent.

Many parents don’t realise that a trip abroad without the other parent’s permission might be unlawful. This is especially important for separated families, where one parent may take the child on holiday without consent and the other parent may apply for the child’s return under the Convention, sparking a Hague case.

Over 100 countries, including the UK, USA, and EU member states, have signed the Hague Convention. You can find the full list on the Hague Conference website (HCCH) .

The Hague Convention only applies if both countries involved are signatories. If not, different legal routes must be explored. See information from each country's government for alternatives.

Wrongful removal typically involves taking a child abroad without the consent of the other parent, or keeping them abroad beyond an agreed time without permission.

Kidnapping is a criminal offence that involves the use of force or threats, while abduction can encompass situations where a parent relocates with their child for safety.

• Traveling without the other parent’s written consent
• Assuming UK court orders will automatically be recognised in another country
• Believing the Hague Convention will not apply

Many airlines provide travel consent forms. Having these completed and notarised can help ensure smoother travel arrangement

Seek advice from a lawyer experienced in international family law in both countries before making any move. 

Consider:

• Drafting an agreement before leaving home, if possible
• Drafting an agreement while the situation is still amicable

If agreement cannot be reached, gather documentation and apply to the court for permission to relocate with your child or children.

Yes, but these are limited and difficult to prove. The Hague Convention generally requires the return of a child to their habitual residence. However, returns may be refused in rare cases, such as:

• When returning the child would expose them to grave risk of harm or place them in an intolerable situation
• When return would violate fundamental human rights or freedoms
• When the child is mature enough to express a clear objection and their views are taken into account

These exceptions apply in situations like armed conflict or serious rights violations. However, courts often set a high bar, making them difficult to rely on even in urgent cases.