Will my child meet the requirements of the Hague Convention?

A parent will not be able to rely on the Hague Convention if:

• The child is not habitually resident in a contracting state.
• The child is habitually resident in the contracting state where the child has been taken.
• There is no custody right being breached.
• The other parent was not actually exercising his or her custodial rights.
• The child is now settled in his or her environment.
• The parties were in agreement with the move.
• If the child was to return to the resident country, he or she would be exposed to physical or psychological harm or otherwise place the child in an intolerable situation.
• The child does not want to return to his or her resident country and he or she has attained the age and degree of maturity appropriate to have his or her decisions taken into account.

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