The Hague Convention on the civil aspects of Child Abduction is an international agreement that aims to protect children from illicit movement from one country to another. It establishes procedures for the rapid return of abducted children and to guarantee access to visitation rights and parental custody.

 

With regard to Hong Kong and France, the Hague Child Abduction Convention has applied between the two countries since their accession to this convention. This means that if a parent illegally removes a child from Hong Kong to France or vice versa, the Convention can be invoked to request the return of the child to their usual place of residence.

 

When a child abduction occurs between Hong Kong and France, the injured party can contact the designated central authority in their respective country. In Hong Kong, the central authority is the Department of Justice, while in France, it is the Ministry of Justice. These central authorities are responsible for coordinating procedures and communication between the two countries.

 

Once a request for the return of an abducted child is received, the central authority of the country where the child is located takes steps to locate the child and facilitate their return. National courts may be involved in the decision-making and dispute resolution process.

 

It is important to note that each child abduction case is unique and may involve complex circumstances. The competent authorities of both countries work together to guarantee the welfare of the child and ensure that their rights are respected in accordance with the Hague Convention.

 

Under the Convention, judicial authorities in both countries are required to cooperate and consult with each other to resolve cases of child abduction. They exchange information on ongoing legal proceedings, decisions rendered and measures taken to protect the child.

 

The Hague Convention also provides exceptions and defenses in certain cases, including where the return of the child poses a serious risk to the child's safety or where there is a serious violation of the child's fundamental rights.

 

Those facing child abduction between Hong Kong and France are recommended to consult a lawyer specialising in family law and private international law for appropriate legal advice. These lawyers can provide assistance in child return proceedings and help protect the rights of parents and children in accordance with the Hague Convention.

 

Romain Pierre Levaire is a specialist in the law and procedures relating to divorce, children and post-separation financial disputes.