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 Hague Convention on the Civil Aspects of International Child Abduction
Although this convention was signed on 25 October 1980, it was only on 1 December 1990 that it took effect in Germany. Another convention, the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children, has lost importance since the Revised Brussels II Regulation from 1 March 2005.
The Hague Convention requires decisions on custody or questions concerning visiting rights after the separation of the parents to be made in the country in which the child has his usual place of residence. A ruling on custody made in one country party to the convention has to be taken recognized in other convention countries. If one parent disregards such a custody ruling, an application under the convention may be made for the return of the child. An application for the return of the child must be made to the Central Authority of the country concerned. In Germany this is the Generalbundesanwalt Bonn (Federal Public Prosecutor's Office). The address is: Zentrale Behörde, Adenauer Allee 99 - 103, 53113 Bonn (Tel.: 022841040, Fax: 02284105401). The Hague Convention is in operation in the following countries:
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Argentina
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Australia
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Austria
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Bahamas
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Belarus
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Belgium
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Belize
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Bosnia-Herzegovina
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Brazil
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Bulgaria
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Burkina Faso
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Canada
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Chile
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China (Hong Kong, Macao)
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Columbia
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Croatia
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Cyprus
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Czech Republic
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Denmark (without the Faroe Islands and Greenland)
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Ecuador
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El Salvador
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Estonia
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Finland
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France (throughout its sovereign territory)
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Georgia
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Germany
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Great Britain and Northern Ireland (with the Isle of Man, the Falkland Islands, the Cayman Islands, Montserrat, Bermuda)
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Greece
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Guatemala
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Honduras
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Hungary
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Iceland
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Ireland
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Israel
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Italy
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Latvia
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Liechtenstein
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Lithuania
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Luxembourg
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Macedonia
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Malta
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Mauritius
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Mexico
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Moldavia
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Monaco
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Netherlands
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New Zealand
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Norway
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Panama
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Paraguay
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Poland
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Portugal
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Romania
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Saint Kitts and Nevis
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Slovakia
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Slovenia
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South Africa
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Spain
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Sri Lanka
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Sweden
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Switzerland
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Turkey
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Turkmenistan
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Uruguay
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USA
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Venezuela
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Yugoslavia (Serbia, Montenegro)
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Zimbabwe
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If a child has been abducted, an application should therefore be made to the Central Authority. The application forms for the return of a child are available on the internet. The Central Authority will pass the application on to the Central Authority of the country to which the child has been taken. The Central Authority then has the task of discovering the whereabouts of the child and requesting the abducting parent to return the child, usually within a certain period. If the child is not returned, the Central Authority responsible for the country will initiate legal proceedings for the return of the child. Within the EU the decision must be made within a period of six weeks. If only the Hague Convention is applied, the decision can take longer.
Links see German version
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