Law Offices of John A. Guthrie
925-271-4342
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
Law Offices of John A. Guthrie
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
 925-271-4342

Comprehensive Solutions to Difficult Family Law Issues

  1. Home
  2.  – 
  3. Child Custody
  4.  – 
  5. Understanding the Hague Convention

Understanding the Hague Convention

On Behalf of Law Offices of John A. Guthrie | Nov 23, 2016 | Child Custody

The United States is one of many countries that is a party to the Hague Abduction Convention. California parents should be aware of the treaty and how it applies to international child custody disputes and abductions.

The Convention was created to shield children from the abduction and transportation to another country by a parent. Its policy is that typical matters of child visitation and custody should be addressed by the court system of the country in which the child habitually resides. American parents who have a custody order may need to resort to the Convention if the orders are not honored in other countries. Interference with a sovereign nation’s legal matters is not permitted, and each country has legal authority only over its territory and its inhabitants.

The Convention allows its signatories to work past jurisdiction challenges to collaborate on international abductions. Each member is required to have a point of contact for parents or foreign governments involved in an abduction case. This contact will aid in locating abducted children, work to achieve cordial resolutions and handle any requests for the return of the children.

The treaty is applied to international abduction cases under certain conditions. The child must be under 16 at the time of the application and be a habitual resident of a member country and illegally taken to another member country. The removal of the child must violate the custodial rights of the parent who was exercising them. The treaty must have been in force in both countries at the time of the removal.

The enforcement of a child custody agreement may require engaging in litigation. In cases of international abductions, a family law attorney may file the necessary paperwork to compel the return of an abducted child and then may request a custody modification on behalf of a client.

Categories

Archives

Recent Posts

  • What can you do if you’re accused of domestic violence?
  • How is business valuation handled in divorce?
  • How does remarriage affect spousal support obligations?
  • How do holidays impact child custody arrangements?
  • How does a prenuptial agreement affect divorce in California?

Arrange A Consultation Today

Law Offices of John A. Guthrie
Pleasanton

239 Main Street
Suite H
Pleasanton, CA 94566

  Pleasanton Law Office
Danville

4115 Blackhawk Plaza Circle
Suite 100
Danville, CA 94506

  Danville Law Office
Phone Number
925-271-4342
  • Follow
  • Follow

© 2026 Law Offices of John A. Guthrie • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us