40th Anniversary of Hague Convention on the Civil Aspects of International Child Abduction

Monday, 25 October 2020 marked the 40^th anniversary of the Hague Convention on the Civil Aspects of International Child Abduction (the Convention). The Convention is given effect in Hong Kong in 1997 by the Child Abduction and Custody Ordinance (Cap. 512) (CACO). The objectives of the Convention and CACO are to ensure the best interests of the child are treated as the paramount consideration in matters relating to their custody. They are used to effect a summary procedure by which children removed or retained from their place of habitual residence by a parent in breach of rights of custody of the other parent are returned for arrangements to be made in their residence jurisdiction (unless one or more of the five discrete defences listed in Article 13 of the Convention is satisfied).

In recent years we have noticed an increase in the need for parties to invoke the Convention under CACO in Hong Kong due to the ease and accessibility of international travel. Unsurprisingly, this trend appears to have reversed in 2020 due to global restrictions on international travel.

Tanner De Witt has extensive experience in handling Hague Convention child abduction cases. If you would like to read more, please visit our previous article here.

For more information on the Hague Convention and its specific application to your family, please contact:

Joanne Brown
Partner | E-mail

Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.