What is the hague
convention?

The Hague Convention on the civil aspects of child abduction is an international Treaty between about 68 countries. New Zealand is a signatory to the Hague Convention as are most of our trading partners. However, some other countries, including many of the Pacific Islands are not part of the Hague Convention. The Hague Convention aims to ensure that children who are abducted or wrongfully retained by a parent, will be returned as quickly as possible to the country in which they habitually reside, so that issues of parental responsibility can be resolved by the Courts in that country.

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Basic principles of the Hague Convention include:

  • 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. In most cases, this will be the parent(s) but may be other family members.

The Hague Convention establishes a Central Authority in each member country to deal with applications for the return of children taken to or from each country. The Chief Executive of the Ministry of Justice is the Central Authority for New Zealand.

Contact

Contact Antoinette Vujnovich, a specialist Auckland family lawyer, to discuss your Auckland Family Court application or make an appointment.
p: (09) 625 2044
m: (021) 210 0930
info@edenfamilylaw.co.nz

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