International child abduction is a complex and sensitive issue that affects many families around the world.
In Monaco, this issue is governed by the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, to which the Principality is a signatory.
This Convention aims to protect children from the harmful effects of their illicit removal or non-return beyond borders. As such, it allows to establish procedures to enable their prompt return to their country of habitual residence.
Under the Convention, the removal or non-return of a child is considered illicit:
- When it is in violation of custody rights awarded to a person, an institution or any other organisation, either alone or jointly, by the law of the State in which the child had their habitual residence immediately before their removal or non-return ;
- And that right was actually exercised, alone or jointly, at the time of removal or non-return, or would have been so exercising if such events had not occurred.
The Convention applies to any child who was habitually resident in a Contracting State immediately before the breach of custody or visiting rights. It ceases to apply when the child reaches the age of 16.
It is possible to submit the case to the Central Authority of the child's habitual residence, or one of any other Contracting State.
In practice, a Central Authority is designated by each Contracting State to apply the Convention and which can be seized. In Monaco, this is the « Direction des Services Judicaires » (DSJ) which collaborates closely with the central authorities of the other Contracting States.
It is also possible to refer the matter to the Monegasque courts for the purpose of seeking the return of the child in accordance with the Convention.
In all cases, the contracting states must act urgently to take all appropriate measures within the limits of their territory to enable the return of the child.
Thus, under the Convention, international cooperation and the legal mechanisms in place have a determining role to protect the rights of children and parents, to enable the resolution of international child abduction cases.
