The Hague Convention
What is the purpose of the Hague Convention?
The Hague Convention protects children and therefore their families from illegal adoptions abroad. It puts safeguards in place to make sure that intercountry adoptions are in the best interest of the child and to prevent abductions from one country to another. the purpose of the Convention is to have children promptly returned to their habitual residence when they have been wrongfully removed from it.
What does it mean to be a signatory?
If a country agrees to follow the Hague Convention, they sign a document agreeing to its term; hence, that country is a signatory.
How is it incorporated into our laws?
The Hague Convention is incorporated into Ontario family law in section 46 of the Children’s Law Reform Act. This act mandates the return of wrongfully removed or retained children to their place of habitual residence.
Which level of government handles adoption?
Adoption is handled by the provinces and territories. They all have and follow laws implementing the Hague Convention.
How does a judge use the Hague Convention to return a child from abduction abroad?
In Y.S. v. J.S. 2024 ONSC 1028, the mother took the child to the US which is also a signatory to the Hague Convention. A chasing order is an order made to support a Hague Convention application. It clarifies for the requested State (here, California) that the opinion of the requesting State (Ontario) is that the removal/retention of the child was wrongful. The judge declared that the child was wrongfully retained in the US by the mother pursuant to Article 15 of the Hague Convention and 2. The judge made a return order. The judge stated this about a return order in “It is simply an order designed to restore the status quo which existed before the wrongful retention and to deprive the ‘wrongful’ parent of any advantage that might otherwise be gained by the abduction.”