The Hague Convention

Questions and answers

What is a child's “habitual residence” and why does it matter?

It is the factual centre of the child's life immediately before the removal or retention. It is determined from the circumstances, including the duration and stability of residence, family and social ties, schooling and medical care, rather than registration or nationality alone. Habitual residence is central to deciding whether the removal or retention was wrongful under the Convention.

How quickly must a return application be filed?

As quickly as possible. Under Article 12, where proceedings begin less than one year after a wrongful removal or retention, the Convention calls for the child's return forthwith. Return remains possible after one year, but the court may consider proof that the child is now settled in the new environment. The passage of one year does not itself produce an automatic refusal.

Is a child always returned under the Hague Convention?

No. The Convention provides limited grounds on which a court may refuse return. They include consent to or later acquiescence in the removal, a grave risk of physical or psychological harm or an intolerable situation, and the objection of a child who has reached an age and degree of maturity at which it is appropriate to take account of that view. These grounds are not presumed and are assessed on the evidence.