For The Children’s Sake: 

For The Children’s Sake: 

Context

India needs to join the Hague Convention on child custody.

Why do child custody disputes occur?

• Child custody disputes that sometimes erupt when a marriage dissolves create challenging and disruptive environments for children.
• This disruption is magnified when parents cannot agree on living arrangements, especially if one parent takes unilateral action and removes children from their country of residence, often in violation of that country’s laws.
• Families may suddenly find themselves in legal disputes in multiple countries, resulting in significant financial and emotional tolls.
• These legal battles can drag on for years, leaving children in limbo and potentially harming their development.

Consensus to address the problems

• A global consensus has emerged to address this problem.
• Ninety-eight countries spanning all continents, cultures and religions recognize that despite different laws and norms, we share a commitment to the best interests of children.
• This consensus underscores that when parents cannot agree, the courts in the country where a child lives are best suited to settle custody issues.
• This consensus also reflects another principle as more families elect to live in a foreign country, they agree to follow the laws and respect court decisions in their country of residence.
• This is the basis of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, a vital international instrument that works to protect children from the harmful effects of international   One of the Hague Convention’s greatest strengths is that disputes are resolved within months, not years, allowing parents and children to move on with their lives.

Safeguards provided by the convention

• The Convention offers multiple safeguards to ensure that the rights of all parties are protected.
• This begins with a focus on preventing parents from unilaterally removing children.
• The Convention encourages all parties to seek mutually acceptable child custody arrangements in accordance with the laws of the country they are living in.
• If a parent unilaterally removes the child to another country, the Hague Convention sets forth a process to resolve the issue.

Issues related to the convention

• The Convention does not resolve the custody dispute; it simply stipulates that the courts where the family has been living are in the best position to make child custody decisions.
• Children are not automatically returned to the left-behind parent.
• If a court orders children to be returned to their home country, it is then up to the courts there to decide on custody, in the best interests of the children.
• There are many examples in which courts awarded custody of the child to the taking parent and the child then relocated abroad with that parent.
• Critics sometimes worry that joining the Convention will force abuse victims to return to their abusers.
• However, Article 13 of the Convention allows courts to decide not to return abducted children if the return would expose them to physical or psychological harm or otherwise place them in an intolerable situation.

Conclusion

• As the US-India relationship continues to expand and strengthen, India needs to join the community of 98 countries that have taken the important step of joining the Hague Convention. The children and families of both of our nations deserve better.