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January 28, 2010

Can I be applicant to the Hague Convention on the Civil Aspects of International Child Abduction?

Filed under: international removals — admin @ 11:36 pm

My country has just joined the Convention for Child Abduction in year 2009.
My exhusband has absconded to Turkey with my kids in 2006. Turkey is a member since 2000, thus it has wrongful retention of my kids under this convention, but there is an Article 35 which states, as follows, so, am I able to be an applicant to this convention?
Article 35:

This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.

No, you can’t, I’m afraid. Since your current country was not a member when the removal occurred, the Convention does not apply.

Richard

1 Comment »

  1. No, you can’t, I’m afraid. Since your current country was not a member when the removal occurred, the Convention does not apply.

    Richard
    References :

    Comment by rickinnocal — January 29, 2010 @ 5:18 am

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