Hague Child Abduction Convention: U.S. Central Authority

When a parent takes a child to another country without the other parent's agreement, or keeps a child abroad after a planned visit ends, the left-behind parent often does not know where to start. For many countries, the starting point is an international treaty: the Hague Convention on the Civil Aspects of International Child Abduction. This guide explains in plain terms what the Convention does, who runs it in the United States, and where a lawyer fits in.

What the Hague Abduction Convention is

The Convention was signed on 25 October 1980. It is managed by the Hague Conference on Private International Law (HCCH), and the full text is published on the HCCH website. Under Article 1, it has two main goals:

• to secure the prompt return of children who were wrongfully removed to, or kept in, a country that is a party to the Convention; and
• to make sure custody and access rights under one country's law are respected in the other countries that are parties.

The Convention works only between countries that take part in it. The HCCH keeps a status table that lists the parties. If the other country is not on that list, or the treaty is not in force between that country and the United States, the Convention may not apply, and a lawyer can explain the other options.

Who the U.S. Central Authority is

Each country that joins the Convention names a "Central Authority" to handle cases. According to the HCCH listing for the United States, the U.S. Central Authority is the U.S. Department of State's Office of Children's Issues. The listing says this office is the primary contact for cases of children abducted both to and from the United States, and that it also coordinates policy for carrying out the Convention in the United States.

The Department of State's main website is state.gov. The HCCH page lists the office's mailing address, phone numbers, and email for contact.

Do not confuse this office with the one that handles international child support. The federal Office of Child Support Enforcement at the Administration for Children and Families says on its parents page that it serves as the central authority for international child support cases. Child support and child abduction run under different treaties and through different offices.

What counts as "wrongful" removal or retention

The Convention does not cover every move abroad. Under Article 3, removing or keeping a child is wrongful when:

• it breaches custody rights held by a person or institution under the law of the country where the child was habitually resident just before the removal or retention; and
• those rights were actually being exercised at the time, or would have been if the child had not been taken.

Custody rights can come from the law itself, from a court or administrative decision, or from an agreement that has legal effect in that country. This means a parent may have custody rights even without a court order. Whether that is true in a given case depends on the law of the child's home country, which is a key question to bring to a lawyer.

Under Article 4, the Convention applies to children who were habitually resident in a party country just before the breach. It stops applying when the child turns 16.

How an application starts

Under Article 8, a person who claims a child was taken or kept in breach of custody rights may apply for help to the Central Authority of the child's habitual residence, or to the Central Authority of any other party country. The application includes information about the applicant, the child, and the person who allegedly took or kept the child, along with other details the Convention lists.

In practice, a parent in the United States whose child was taken abroad would usually contact the Office of Children's Issues first. A parent abroad whose child was brought to the United States would usually work through their own country's Central Authority, which then works with the U.S. office.

Timing matters

Article 12 sets an important rule. If less than one year has passed between the wrongful removal or retention and the start of court or administrative proceedings in the country where the child is, the authority shall order the child's return. If proceedings start after that year, return is still ordered unless it is shown that the child is now settled in the new environment.

Because of this rule, delay can change the outcome. If you believe your child was wrongfully taken or kept abroad, it is wise to contact the Central Authority and a lawyer as soon as you can.

When a return can be refused

The Convention also lists situations where a court is not required to order return. Under Article 13, these include cases where the parent asking for return was not actually exercising custody rights, or had consented to or later accepted the removal, and cases where there is a grave risk that return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. A court may also refuse return if the child objects and is old and mature enough for their views to be taken into account. Article 20 adds a narrow exception tied to the requested country's fundamental principles on human rights.

These exceptions are applied by courts, case by case. A lawyer can explain how courts in the relevant country tend to approach them.

A return decision is not a custody decision

Article 19 states that a decision about returning a child is not a decision on the merits of custody. In general terms, the Convention aims to put the child back in the country of habitual residence so that custody can be decided there. Families still need to address custody, parenting time, and support in the proper court.

Costs and legal representation

Article 26 says Central Authorities and other public services may not charge for applications under the Convention, though they may ask for the expenses of carrying out the child's return. A country may also make a reservation about covering lawyer and court costs, except where its legal aid system covers them. A court that orders return may direct the person who removed or kept the child to pay necessary expenses, including the applicant's legal costs.

Court cases under the Convention move quickly and depend on facts, documents, and foreign law. Many parents work with a family lawyer who handles international matters, sometimes alongside a lawyer in the other country. You can learn more about family law topics on our family law practice page.

Documents to gather now

While you contact the authorities, collect:

• the child's birth certificate and passport details;
• any custody orders, parenting plans, or agreements;
• proof of where the child lived and went to school before the removal;
• messages about travel plans or return dates; and
• recent photos of the child and the other parent.

Frequently asked questions

Does the Convention decide who gets custody?

No. Article 19 says a return decision is not a decision on custody. The custody question is usually decided in the country where the child was habitually resident.

Do I need a court order to have custody rights?

Not always. Under Article 3, custody rights can arise by law, by a decision, or by an agreement with legal effect. A lawyer can check what the law of your child's home country says.

Is there a deadline?

The Convention gives special weight to cases started within one year of the wrongful removal or retention. After that, return can be refused if the child is settled. Act quickly.

Can the Office of Children's Issues give me legal advice?

The office is the U.S. Central Authority and the main contact for these cases, but it is a government office, not your lawyer. For advice on your situation, talk to a licensed attorney.

Related: Browse guides on legal topics and family law.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.