Child Return under Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction (1980) is the governing international treaty. India acceded to the Convention on 6 June 2016, and it entered into force on 1 October 2016. The Convention is implemented in India through the Hague Convention on the Civil Aspects of International Child Abduction Act, 2016 (No. 37 of 2016). The Act empowers Central Authorities to process applications for the return of a child wrongfully removed to or retained in India.

The Central Authority for India under the Hague Convention is the Department of Legal Affairs, Ministry of Law and Justice, Government of India. The official website is legalaffairs.gov.in. Applications for child return can be submitted through this department or through the concerned State Legal Services Authority.

The process for child return under the Hague Convention involves the following stages:

1. Filing an Application: The left-behind parent files an application with the Central Authority of the child's country of habitual residence or directly with the Indian Central Authority.
2. Verification and Transmission: The Central Authority reviews the application and transmits it to the appropriate court in India.
3. Court Proceedings: The court examines whether the removal was wrongful under Article 3 of the Convention and whether any exceptions under Article 13 or 20 apply.
4. Order for Return: If the court finds the removal wrongful and no exception is established, it orders the return of the child to the country of habitual residence.
5. Enforcement: The order is enforced by the local authorities to ensure the child's safe return.

The primary form required is the Application for Return of a Child under the Hague Convention. This form is available on the website of the Department of Legal Affairs. It requires details of the applicant, the child, the alleged wrongful removal, and the respondent. Supporting documents include:

• Birth certificate of the child
• Passport copies of the child and parents
• Evidence of habitual residence (e.g., school records, residence proof)
• Any court orders from the country of habitual residence
• Affidavit detailing the circumstances of removal

To be eligible for child return under the Hague Convention, the following conditions must be met:

• The child was under 16 years of age at the time of the application.
• The child was habitually resident in a Convention country immediately before the removal or retention.
• The removal or retention was in breach of custody rights of the applicant under the law of the habitual residence.
• The applicant was actually exercising those custody rights at the time of removal or would have exercised them but for the removal.
• The application is filed within one year of the wrongful removal or retention (though courts may still order return after one year if the child is settled, subject to exceptions).

The Hague Convention requires that proceedings be conducted expeditiously. While no specific timeline is guaranteed, courts are expected to hear and decide return applications promptly. The process involves initial filing, court hearings, and possible appeals. The duration depends on the complexity of the case and the court's schedule.

The fees for filing a child return application under the Hague Convention are prescribed by the Central Authority. As of the latest notification, the fee structure is as follows:

Note: These fees are subject to change. Applicants should verify the current fee schedule on the official website.