The 1980 Hague Convention suspends the other trials on custody of the child.
The correct application of the Hague Convention of 1980 on the Civil Aspects of International Child Abduction.
Many times the abductor parent, once arrived in his/her country of origin or residence, asks for the custody of the child or the revocation or suspension of the parental authority of the other parent.
However, in order to prevent that a national court may decide on custody of the child before the conclusion of the proceedings on the request for repatriation, the 1980 Hague Convention on the civil aspects of international child abduction states that "after receiving notice of a wrongful removal or retention of a child, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under the Convention or unless an application under the Convention is not lodged within a reasonable time following receipt of the notice".
This rule applies not only to the judgments started later, but also and above all, for those begun before the parent has requested the return under the Hague Convention. The purpose of this prohibition is precisely to prevent the abductor parent can get, during the Hague Convention proceedings, a decision concerning the custody of the child, undermining the effects of the decision on the request for return made under the Hague Convention.
Moreover, the sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under the Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying the Convention.
If you need legal assistance about international child abduction in Italy, please contact us.
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Published on 18 April 2016
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