Does the Hague Convention have a role in helping the non-custodial parent actualize his visitation rights if there is no actual abduction ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Yes, but a limited one. The Preamble of the 1980 Hague Convention on the Civil Aspects of Child Abduction includes the protection of contact or visitation rights as one of its aims: “Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access, …”
However, in practice where there is no act of abduction involved, and realizing visitation rights is the only issue, and they are not being breached as part of an act of child abduction, then the non-custodial parent can only have recourse to the central authorities as facilitators for encouraging and facilitating those rights e.g. by helping the drawing of a plan of contact, and not to the courts .