Hague Convention

In Quebec, since 1985, the principles of the Hague Convention are applied to the civil aspects of international child abduction through the Act Respecting the Civil Aspects of International and Interprovincial Child Abduction. Those principles are internationally recognized by all the signing members of the Hague Convention, including Canada.

The objective of the Hague Convention is to secure the prompt return of any child under the age of 16 to his or her country of habitual residence and to ensure that the dispute surrounding the custody of and access to that child be settled in the appropriate court of law, namely that of the country of habitual residence.

The Law and the Hague Convention's objectives are:

  • To secure the prompt return of children wrongfully removed to or retained in a designated State or Quebec to the place of their habitual residence and re-establish the situation as it existed before the wrongful removal or retention, without trying to solve the issue of awarding custody rights.
  • To ensure that the rights of access under the law of a designated State are respected in Quebec and the rights of access under the law of Quebec are respected in a designated State.

In order for the Law and the Hague Convention to apply, four conditions must be met:

  • The child must be under 16 years of age.
  • The parent requesting the child's return must have custody rights of that child.
  • The child's habitual place of residence, prior to the travel to or the non-return from the foreign country, must be a State designated in accordance with article 41 of the Act Respecting the Civil Aspects of International and Interprovincial Child Abduction.
  • The country of residence must be a signatory state of the Hague Convention.

If your child is held in a country that has signed the Hague Convention, the Heyeur Jessop team will commence the necessary procedures to ensure that you can bring your child back to his or her habitual place of residence or uphold your access rights according to the terms of the Convention.

Outside the framework of the Hague Convention, the laws that apply are those of the country where your child is being held. There are civil remedies that can be applied if the child is abducted to a non-signatory country.

To reach us

HEYEUR JESSOP s.e.n.c.r.l.
SPACES, 75, Queen Street, Suite 1400
Montreal (Quebec)
H3C 2N6

Telephone : 514-284-5618