Hague Convention on child abduction

A: The Hague Convention on the Civil Aspects of Child Abduction is an international treaty signed by 67 States which are generally developed nations. Please note that Samoa and other pacific neighbours are not parties to the Convention.

- The rights of the child are the primary consideration;

- Custody of the child (which includes day to day care) should be determined in the country where the child usually lives;

- Children should not be taken or kept overseas without the prior agreement of other people who are entitled by law to give their consent. If these people refused to consent, the correct thing would have been to seek the consent of the Court in New Zealand BEFORE the child was taken overseas.

If a child is abducted from New Zealand, the child is returned to New Zealand so that issues of parental responsibility can be resolved by the Family Court. If a child is wrongfully retained in New Zealand, the child is returned to their country of habitual residence.

Only some countries are signatories to the Hague Convention. Please email Jeremy for more information on the Hague convention.