BACKGROUNDER

The Hague Convention on the
Civil Aspects of International Child Abduction

Canada’s Role in the Implementation of the Convention

In 1976, Canada, prompted by an increase in the number of violations of transborder custody orders, proposed that the Hague Conference on Private International Law draft a treaty on international child abduction. The resulting Hague Convention on the Civil Aspects of International Child Abduction came into force on December 1, 1983, with four ratifying countries, including Canada. There are now 53 states party to the Convention, which is the only multilateral agreement providing assistance in cross-border abduction.

The Convention’s Objectives

Among its main objectives, the Convention aims:

• to deter child abductions;
• to promote co-operation among countries and their respective authorities; and
• to ensure the prompt return of abducted children to their home countries.

To promote co-operation, the Convention provides for the creation of Central Authorities responsible for applying the Convention in each country where it is in force.

The Central Authorities

When a child appears to have been abducted, the parent files an application with a Central Authority. That authority must take all appropriate measures to protect the interests of the custodial parent, discover the whereabouts of the child, prevent harm to the child and secure the child’s return. If necessary, the authority will also initiate legal or administrative proceedings to obtain the child’s return.

Canada has one Central Authority at the federal level (the Department of Justice) and a Central Authority in each province and territory (Ministries of Justice and/or Attorneys General). Because child custody falls within provincial jurisdiction in Canada, those Central Authorities are responsible for administering and enforcing the Convention.

The Department of Justice, as the designated Central Authority at the federal level, assists the Central Authorities in the provinces, territories and other member countries at their request, and provides information to the public.

Our Missing Children Program

In addition to the Central Authorities’ activities under the Hague Convention, Canada has initiated a unique program called our missing children. Under the program, the RCMP, Revenue Canada, Citizenship and Immigration and Foreign Affairs and International Trade operate as a unit to locate and return abducted children. As well, the RCMP Missing Children’s Registry is, among other things, an information and resource centre on missing children.

Communications and Executive Services Branch
Department of Justice
November 4, 1998