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How does the Hague Convention on the Civil Aspects of International Child Abduction relate to custody?

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How does the Hague Convention on the Civil Aspects of International Child Abduction relate to custody?

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A. The short answer is that it really does not relate to custody. One purpose of the Convention is to simply return children to their state of habitual residence so that a court there with proper jurisdiction can make the appropriate orders regarding the child. The court in the jurisdiction that a party is asking to order the return of a child is not making a custody decision at all; rather, it is just sending the child back to the child’s residence where the proper court can make further rulings. Following a child’s return, there is nothing in the Convention that prevents the proper court in the child’s state of habitual residence from thereafter giving one party or the other custody, visitation or even from allowing one party or the other to take the child out of the jurisdiction again (albeit this time with the proper court permission). Note that if custody proceedings are occurring in the country to which the child has been wrongfully removed/retained, those proceedings are to be p

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