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Toolkit for the HCCH 1980 Child Abduction Convention in times of COVID-19
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Following the publication of the HCCH COVID-19 Toolkit, the Permanent Bureau of the Hague Convention has prepared a Toolkit for the effective application of the 1980 Child Abduction Convention in times of COVID-19.
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The HCCH 1980 Child Abduction Convention places the child at its
epicentre: "The best interests of the child remain of paramount
importance, in particular to help mitigate the impact of the COVID-19
crisis on the child. The following points and resources will help
relevant authorities, parties and stakeholders bear in mind the key
factors for the proper application of the Convention in these
unprecedented times.
- Secure the safe and prompt return of the child to the
State of habitual residence by continuing to properly carry
out the obligations in the Convention in a timely manner
- Focus on the best interests of each individual child on a
case-by-case basis in the context of the application of the
Convention
- Carefully navigate exceptions raised to the obligation to
return the child, for example, allegations of a possible grave
risk of harm to the child upon return (Art 13(1)(b))
- Ensure continuing and suitable contact between parent
and child, especially where measures taken in light of
the COVID-19 situation may mean a period of physical
separation between parent and child
- Consider whether the HCCH 1996 Child Protection
Convention applies, in particular those provisions that
allow the taking of urgent provisional measures for the
protection of the child pending an application for return"
You can read the whole toolkit here.
