Forum Questions - Hague Convention

What is the Hague Convention and what connection does it have to child abduction?

Firstly, its full name is the Hague Convention on Civil Aspects of International Child Abduction 1980. It is a treaty binding over 60 different countries in the world designed to deal with abduction of children between them quickly – and return them to their home country as soon as possible, save for in exceptional situations.
 

Are abductions to and from Israel covered by the Hague Convention?

Yes, providing the other country involved is also bound by it.
 

Are most of the Western European countries bound by the Hague Convention on Child Abduction?

Yes.

Are abductions between the United States and Israel bound by the Hague Convention?

Yes.

Will the Hague Convention cover abductions between Israel and Canada?

Yes.

Does the Convention cover situations where children living in Israel are wrongfully removed to, or retained in South Africa or Zimbabwe?

Yes, because these countries are bound by the Hague Convention, which also covers abductions between these countries and Israel in the other direction.
 

Can Hague Convention proceedings be used to recover a child believed to have been abducted from Israel to India?

No. India is not bound by the convention.
 

Are abductions between Israel and South American countries bound by the Hague Convention?

Most of them, but not if the abductions involve Bolivia or Paraguay.

Will the abduction of a child from Israel to one of the former Soviet Union states be covered by the Hague Convention?

Possibly, as many of these states are bound by the Convention, vis a vis abductions from Israel, including Ukraine,whose accession to the Hague Convention came into force in 2007. The Russian Federation finally acceded to the Hague Convention in 2011, but Israel has not accepted its accession, so that  Hague Convention proceedings cannot be invoked where a child is abducted from Israel to Russia.

<p>Are any of Israel's neighbouring countries bound by the Hague Convention?</p>

No. None of the Israel's neighbouring Arab states are signatories to the Hague Convention on the Civil Aspects of International Child Abduction. The concept of parental authority and rights under Islamic law is very different from the guiding principles behind the Convention. 
 

The only Arab state  bound by the Hague Convention is Morocco, though it is not a close neighbour. It became a Hague Country in 2010. The Hague Convention is in force regarding child abduction between Israel and Morocco, as of 1.6.2010.
 

<p>Are any of the countries of the Arab world bound by the Hague Convention on child abduction?</p>

Only Morocco. Israel accepted Morocco's accession to the Hague Convention in 2010. The Hague Convention came into force regarding abductions between Israel and Morocco taking place on 1.6.2010.

What happens if only one of the two countries involved in the child abduction has ratified the Hague Convention on child abduction?

In this case the Convention will not apply, and the 'left-behind' parent will have to bring an action for the child's return in the country to which he/she has been abducted.

 

Does religion play a role if a child is abducted to Israel from a Hague Convention country?

It should not, as the case will be heard by a civil court, the appropriate family court, and the principle governing the plea are those of the Hague Convention, which are not related to religion at all.
 

I live in Israel . My husband, who is originally Australian, took the kids there from Israel for the school vacation, but refuses to return them. Will the Hague Convention apply?
Yes, the Hague Convention on the Civil Aspects of International Child Abduction covers abductions between Israel and Australia, which have both ratified it.