Rights of custody under the Hague convention on the Civil Aspects of International Child Abduction

Abstract

This paper focuses on the rights of custody under the Hague Convention on the Civil Aspects of International Child Abduction. Article 5 of the Convention stipulates that rights of custody for the purposes of this Convention shall include rights relating to the care of the person for the child and, in particular, the right to determine the child?s place of residence. The existence of this right is assessed according to the law of the state in which the child was habitually resident before the removal or retention and in this regard no doubts are observed in practice. On the other hand, although article 5 of the Convention gives definition of the rights of custody, application of this provision is accompanied by different interpretations. Judicial and administrative authorities have doubts which rights parent must possess in order to be protected by the Convention. The paper concludes that it should be considered that a parent who does not live with the child, but has the right of veto over the child?s international relocation or his/her consent is required to change the child?s residence, has the rights of custody and can apply for the prompt return of a child under the Hague Convention on the Civil Aspects of International Child Abduction.