HCCH country profiles
On the HCCH website you can find country profiles with very usefull information about the way that countries deal with child abduction. We will summarize here what information the country profiles provide.
The country profiles cover 7 subjects:
Part I: Central authorities
Under the Convention, all countries party to the Convention must have a Central Authority. The Central Authority can help you with your outgoing or incoming applications. (This means that if you live in the U.S. and your child is currently staying in the U.K., the Central Authority in the U.S. can assist with sending your application to the Central Authority in the U.K. and vice versa.) Article 7 of the Convention specifies the duties of the Central Authorities.
In part I of the country profile you can read a.o.:
- how to reach the Central Authority
- whether you can also reach the Central Authority outside office hours
- in what language documents must be delivered and
- what kind of professionals are working there.
Part II: Relevant legislation
Part II of the country profile tells you:
- since when the country has been a party to the 1990 and 1996 Hague Child Abduction Conventions
- when the implementing law came into force and
- whether any other conventions are relevant to international child abduction.
These other treaties may include:
- Brussel II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
- Inter-American Convention of 15 July 1989 on the International Return of Children
- European Convention on the recognition and enforcement of decisions concerning the custody of children and on the restauration of custody of children, enacted in Luxemburg on May 20, 1980.
Part III: Applications for return
This part of the country profile indicates for each country:
- what you can expect from the Central Authority or other agencies if you want to file a return application
- which form to use
- what information and documents to provide
- what actions are taken by the Central Authority to facilitate a voluntary return of your child.
- whether mediation is offered
- whether the Central Authority has a role in taking (or having taken) measures to prevent further harm to the child
- whether a return procedure can be initiated if it is not yet known where exactly the child is staying
- whether the Central Authority can assist in locating the child and what resources it has in doing so.
- what measures can be taken to prevent the child from being abducted or disappearing again.
- whether legal representation is mandatory, how to find it and whether subsidized legal aid can be obtained.
- how to obtain parental authority in the relevant country and who is normally allowed to decide on a child’s place of residence.
- which court has jurisdiction to hear a return application and whether there are specialized judges in this field.
- how Articles 14, 15 and 16 of the Convention are implemented in the country concerned.
- Article 14 deals with taking into account foreign law and foreign decisions (regarding parental authority and residence) when determining whether there has been an unauthorized removal or retention.
- Article 15 deals with the possibility of the court in one country asking for an Article 15 certificate from the country of origin, establishing that the transfer or non-return was unauthorized within the meaning of Article 3 of the Convention.
- Article 16 of the Convention concerns the rule that no decision on a change of custody shall be made in the country where the child now resides until after a decision has been made on the return application or until after a certain period of time has elapsed during which no return application has been filed.
- information about the procedure: the length of the procedure, the hearing, filing an appeal, etc.
- the way in which children are involved in the procedure, for example through a children’s interview or the appointment of a special guardian
- information about protective measures for the child and how a return order is carried out
- what measures can be taken to promote a safe return
- the criminal aspects of child abduction.
Part IV: Applications relating to access
The Hague Convention on Child Protection also allows you to make an application to make arrangements for organising or securing the effective exercise of rights of access.
In Part IV of the country profile is mentioned:
- what you can expect from the Central Authority or other agencies if you want to file an acces application
- which form to use
- what information and documents to provide
- what actions are taken by the Central Authority to attempt to secure agreements between parties in international acces cases
- whether mediation is offered
- what general assistance van be offered
- whether legal representation is mandatory, how to find it and whether subsidized legal aid can be obtained.
- which legislation in that country governs the establishment and exercise or rights of access
- which court has jurisdiction
- which persons can seek rights of access in respect of a child
- wether the best interests of the child are a primary consideration in these proceedings
- what guarantees and safeguards are available to secure rights of acces (for insance: an order to surrender passports, superv ised contacts, requesting foreighn embassies not to issue new passports)
- what are the facilities for supervised access
- are there specialized courts for these procedures
- information about the procedure: the length of the procedure, the hearing, the appeal
- the way in which children are involved in the procedure, for example through a children’s interview or the appointment of a special guardian
- information about the enforcement of rights of access appointed by foreign courts or in agreements
- are there any coercive measures to enforce an order relating to access and contact and how can they be invoked.
Part V: Mediation and other forms of alternative dispute resolution
Part V of the country reports give you information about:
- what matters can be subject of mediation
- what mediation services are available
- is co-mediation available (mediation involving 2 mediators, one from each state)
- is mediation regulated in that country,
- how to find a mediator
- what is the role of the Central Authority in facilitating mediation
- the costs of mediation, and subsidized mediation
- the mediation process, when is it available
- whether and how the vieuws of the child are taken into account
- whether safegueards are available where allegations of domestic violence / abuse are made in a dispute which goes to mediation (f.i. keeping address and contact details confidential)
- information about the enforceability of mediated agreements
- whether an mediated agreement from another state can be approved by a court or formalised in the same way as an agreement that was mediated in the state itself
- whether there are other forms of alternative dispute resolution available, the legislation, the process, enforceability (from agreements reached in other states).
Part VI: Direct judicial communications
This part of the country profile states:
- whether judges can engage in direct judicial communications (with judges from other countries)
- whether a member of the International Hague Network of Judges has been designated for that country
- whether there is legislation about this in that country.
Part VII: Other information
Part VII of the country profile gives information about:
- what measurements are being taken to ensure that the responsible persons have received appropriate information and training
- whether the country’s Central Authority is willing to participate in a ‘twinning arrangement’ with another Central Authority.
- whether the country uses ‘iChild’ or another electronic child management system
- whether the country uses INCASTAT (the International Child Abduction Statistical Database) and INCADAT (legal database on international child abduction law).
Select your country,
or the country where your child is currently staying
If you want to know more about how a certain country deals with child abduction, you can check the country profile on the HCCH website, or check our CCR country pages, where we profide information on both child abduction and child relocation.