Completing the Hague Abduction Convention Application

The Hague Abduction Convention (Convention) is an international treaty that provides a civil remedy to parents seeking the return of a child wrongfully removed or retained across international borders. The Convention also allows a party to file an application to secure rights of access to children when parents live in different countries. 

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Convention Application

Please speak to your attorney before completing your Hague application package. Most countries require only one application packet per family. Some countries need translations of your application and supporting documents. Ask a country officer for more information about translations and other country specific requirements.  
 
There are two types of Convention cases: return and access. The forms are similar for both types of cases but the outcome you seek is different. Check the box for “Return” if you seek the return of your child. Check the box for “Access” if you seek access to or visitation with your child. You can file an application for the return of a child to the United State with the U.S. Central Authority. But, the United States must have been partnered with the country when your child was wrongfully removed or retained.

  • Sections I, II, III, and IV: Start by sharing details about the key individuals in this case:  your child, yourself, and your child’s other parent (the alleged taking parent). If you are applying for more than one child, list the oldest child in Section I and each younger sibling in Section IV. 
  • Section V: Use this section to explain what was happening when your child was removed or retained. Provide detailed information about the events at the time of the removal or retention. You should include the date and place of the wrongful removal or retention. Also, include your legal relationship to the alleged taking parent and how you learned about your child’s abduction. If you need more space, you may attach more pages to your application.   
  • Section VI: In this part, explain the basis for using the Convention. Include your child’s place of habitual residence, your custodial rights, and any ongoing legal proceedings.  
  • Habitual Residence: Share all relevant details that you believe establish where the child's place of habitual residence was at the time of the removal or retention.
  • Basis of Applicant’s Custody Rights: In this section, you will submit evidence of your custody rights when your child was removed or retained. Some examples are listed below, but you may have other documents that serve this purpose.  
  • Court Order(s): Include any court order(s) regarding custody that existed before your child’s removal or retention. If there is no court order, you may need to submit other evidence, such as a state statute (see below).
  • State Statute: Most states and the District of Columbia have statutes (laws) that establish who has rights of custody when there is no court order. You may be able to locate the state’s statute by searching online or asking an attorney for assistance.   
  • Affidavit of Law: Another option is to ask an attorney to assist you with an affidavit explaining your rights of custody under your state’s law.
  • Other Civil Proceedings: If you are involved in other civil cases like divorce or custody hearings, share the relevant details. Consider explaining when, where, and why. 
  • Section VII: In this section, include the details of how your child would safely return to the United States, if so ordered by the court. Will they travel by plane or car? Would your child travel alone? Would you or someone else travel with them? If so, who? 

If you are applying for access to your child, include details on the type of access you are seeking. You may want to describe how expenses will be covered, visitation schedules and locations, and any other pertinent information. If more space is needed, attach extra pages to your application.

  • Section VIII: This section allows you to provide information on your child's location. If you do not know where your child is, provide info about anyone who can help the Central Authority find your child. You should include names and any contact information for the person. This includes their name and contact information (their address, phone numbers, email addresses). It can also include other relevant details that may help locate your child.
  • Section IX: Provide any other information that you think might be important to the application. 
  • Sign and Date: Don’t forget! You must sign and date the application in BLUE or BLACK ink.
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Privacy Act Written Consent to Release Personal Information Under the Privacy Act

The Privacy Act of 1974 (5 U.S.C. § 552a), and related rules provide a range of protections for personal information that the Department, including its embassies and consulates worldwide, maintains about you. You can list the people and groups you would like the Department to share relevant and appropriate information about your case/situation. If you check “Yes” for “Congressional offices,” we will notify your congressional representatives about your child’s reported abduction. If you change your mind or need to add someone, you may update this form at any time.

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Supporting Documents

You must complete the Convention application and a translation, if needed. You will also need to provide the following documents, if they apply to you.

  • Evidence of Custodial Rights: Section VI of the Hague Application requires proof of your custodial rights when your child was removed or retained. Provide court orders, civil documents, agreements, I or other evidence of your custody rights.
  • Birth Certificate: Submit an original or certified copy of each child’s birth certificate. If your child was born in a country that does not issue birth certificates, please submit the family certificate instead. 
  • Marriage Certificate or Divorce Decree: The documents you may need to provide depend on your legal relationship with the other parent. Please choose based on your legal relationship at the time of your child's removal or retention.
  • Married: Submit an original or certified copy of your marriage certificate.
  • Separated: Submit an original or certified copy of your marriage certificate and any related court orders or agreements.
  • Divorced: Submit an original or certified copy of your divorce decree.
  • Never Married: Provide evidence of your custodial rights. They must have existed at the time of wrongful removal or retention. This can include a court order, state statute, case law, or affidavit of law.

NOTE: A complete application requires many legal documents. Some courts need original documents. The Foreign Central Authority will usually require you to submit original or certified copies of all legal documents in these cases. Please contact our office if you are unable to provide original or certified copies.

  • Recent photographs of your child and the accused person may help find the child. They may help in the search because they show who wrongfully took or kept the child. Write the person’s name on the back of each photograph.
  • You may also wish to submit more evidence about your child. Some examples may include: 
  • school records, 
  • medical records, 
  • law enforcement or social welfare reports, or 
  • records of extracurricular activities.
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Translations

The foreign Central Authority may accept your application in English. But, some countries need parents to provide it in a local language. Talk to your country officer to learn if you will need to provide a translation.