Glossary · Swiss and international law

International child abduction (Hague 1980 art. 1)

Wrongful removal or retention of a child in breach of custody rights — the 1980 Hague Convention organises its prompt return.

Reference : HCCH Convention of 25 October 1980 — arts. 1, 3

International child abduction requires two cumulative elements (art. 3 Hague 1980) :

  1. a removal or non-return of the child;
  2. a breach of custody rights held by a person or authority of the State of the child’s habitual residence.

The Convention aims at the prompt return of the child to the State of habitual residence, where the question of custody will be decided. The court of the State of refuge does not examine the custody question on its merits — it rules only on the return or refusal.

See our procedure : International child abduction — Hague 1980.

See also