From  the U.S. State Department:

Instructions for Completing the Hague Convention Application


To invoke the Hague Convention, submit two completed applications for each child. The application form may be photocopied. Type or print all information in black or blue ink. Furnish as much of the information called for as possible, using an additional sheet of paper if you need more space. If you have further questions about the form, you may wish to refer to the text of the Convention.

Translation of the supporting documents into the official language of the requested country may be necessary. Translations can speed up the overall process. Foreign attorneys and judges tend to respond more favorably with such documents. Ask CA/OCS/CI for more information about supporting documents.

You may fax your Hague application to CA/OCS/CI, fax number 202-736-9133. Send originals and supporting documents by mail, express mail, or courier service to:
Department of State
Office of Children's Issues
SA-29
2201 C Street, NW
U.S. Department of State
Washington, DC 20520
Be sure to sign and date the application.

Checklist and Instructions for Completing the Hague Application
Information Block and Details Needed
Identity of Child and Parents
Child's Name - The child's full name: last name, first, middle
Date of Birth - Month/Day/Year
Place of Birth - City/State/Country
Address - Child's address in the country of habitual residence at the time of the abduction or removal.
United States Social Security Number - A nine-digit number: 000-00-0000 (if known)
Passport/Identity Card - Issuing country and passport or I.D. number (if known)
Nationality - Include all nationalities of the child, (eg. U.S., Canadian)
Height - Feet and inches
Weight - Pounds
Sex - Male or female
Color of Hair - Child''s hair color
Color of Eyes - Child’s eye color (Include color photo, if available.)

Father

Name - Full name of father: last name, first, middle
Date of Birth - Month/Day/Year
Place of Birth - City/State/Country
Nationalities - Include all nationalities
Occupation - Usual or last known
Passport/Identity Card - Issuing country and number (if known)
Current Address and Tel. - Include zip code as well as telephone and fax numbers for work and home.
United States Social Security Number - A nine-digit number: 000-00-0000 (if known)
Country of Habitual Residence - Of the father before the abduction or retention, particularly if different from that of the child.
Date & Place of Marriage and Divorce, if applicable - Indicate dates and location of marriage and divorce or the parent of the child. It is important to clearly state the marital status at the time of the abduction or retention.

Mother

Name - Full name of mother of child: last name, first, middle (Include maiden name.)
Date of Birth - Month/Day/Year
Place of Birth - City/State/Country
Nationality - Include all nationalities
Passport/Identity Card - Issuing country and number (if known)
Current Address and Tel. - Include zip code as well as telephone and fax numbers for work and home.
Occupation - Usual or last known
United States Social Security Number - A nine-digit number: 000-00-0000 (if known)
Country of Habitual Residence - Of the mother before the abduction or retention, particularly if different from that of the child.
Date & Place of Marriage And Divorce, if applicable - Indicate date and location of marriage and divorce, as applicable, of the parents of the child. It is important to clearly indicate the parents’ marital status at the time of the abduction or retention.

II. Person Seeking Return of/Access to Child

This section is for information concerning the person or institution applying for the return of the child to the United States.

Name - Provide the full name of the person or institution asking for the child to be returned.
Nationalities - Of the requester
Relationship to Child - Relationship of the requester to the child (eg, mother, father)
Current Address and Telephone Number - Include home, work and fax number.
Occupation - Of the requester (if a person).
Name, Address and Telephone Number of Legal Adviser, if any - Include zip code as well as telephone and fax numbers. Some of this information may be the same as that already given.

III. Information Concerning the Person Alleged to Have Wrongfully Removed or Retained Child
The information about the abducting parent is needed to assist in locating the child. Please provide all requested information and any additional facts that may help authorities locate the child.

Name - Full name of parent who has abducted or wrongfully retained the child.
Relationship to Child - Relationship of the abductor to the child (eg, mother, father)
Known Aliases - Any other names the abductor may use.
Date of Birth - Month/Day/Year
Place of Birth - City/State/Country
Nationalities - Include all nationalities.
Occupation, Name and Address of Employer - Provide any employment information that may be helpful in locating the abductor, such as usual type of work, potential employers or employment agencies.
Passport/Identity Card - Country and number.
United States Social Security Number - A nine-digit number: 000-00-0000 (if known)
Current Location - Of the abductor in the country where the child was taken.
Height - Feet and inches
Weight - Pounds
Color of Hair - Abductor’s hair color
Color of Eyes - Abductor’s eye color
Other Persons with Possible Additional Information - Provide names, addresses and telephone numbers of anyone in the Information Relating to the Whereabouts of country to which the child was taken who could give the Central the Child Authority in that country information on the child''s location.

IV. Time, Place, Date, and Circumstances of the Wrongful Removal or Retention
Provide the date, to the best of your knowledge, that the child left the United States or when the wrongful retention began. Include the place from which the child was taken. Describe the legal relationship existing between you and the abducting parent when the child was removed. What were the circumstances leading up to the removal or retention? How did you learn of the removal/retention? Did the other parent take the child during a scheduled visitation? Did the other parent take the child for what you believed would be a short visit and then inform you that they were staying? Did they purchase round-trip air tickets to show that they intended to return? Had you and your family moved to the other country, and then you decided to return to the United States?
Take this opportunity to tell your story. Try to anticipate what claims the other parent may make and provide your explanation.
Do not limit yourself to the space provided on the form.
Additional pages may be attached to fully narrate the circumstances.
However, please be concise.

V. Factual or Legal Grounds Justifying Request
Provide information and documentation establishing that you had, and were exercising, a right of custody at the time of the child''s removal. Generally, a right of custody is created by a custody order when parents are divorced, or by operation of state law when parents are still married or were never married when the child was taken. As stated, the Convention defines"rights of custody" as including"rights relating to the care of the child and, in particular, the right to determine the child''s place of residence." Thus, you may have a"right of custody" as defined by the Convention even if you do not have court-ordered joint or sole custody of the child.
IMPORTANT
If there is no applicable court order, please provide a copy of the state statute, case law or an affidavit of law prepared by an attorney that establishes your right of custody at the time of the child''s removal. This provision of the law may sometimes be found in the estate and wills section of the state code. Remember, you are not attempting to show that you would have an equal right to obtain custody in a subsequent custody proceeding, but that you had and were exercising a right of custody when the child was taken.
SEND IN YOUR HAGUE APPLICATION IMMEDIATELY
Do NOT wait to get an order of custody. Orders issued after removal/retention are irrelevant in a Hague hearing.

VI. Civil Proceeding in Progress, If Any
Indicate any civil action (in the United States or abroad) that may be pending (e.g.. custody, divorce). Name court and hearing dates.
VII. Child Is to Be Returned To:
Name - of person to whom child will be returned.
Date of Birth - of person to whom child will be returned.
Place of Birth - of person to whom child will be returned.
Address - of person to whom child will be returned.
Telephone Number - of person to whom child will be returned.
Proposed Arrangements for Return - Provide means by which you propose the child
Return Travel of Child will return to the United States if this is ordered. For example, would you travel to pick up the child, or would someone go in your place? Is the child old enough to travel by him or herself? Is there someone in the foreign country who could return with the child? Would the child travel by car, train, airplane? Be specific.
VIII. Other Remarks
State here whether you are applying for return or access under the Convention. You should include here any additional information that you believe may be pertinent to the Hague application.
Sign and date the application in black or blue ink.

HAGUE APPLICATION CHECKLIST
(Check with country officer for specific requirements.)
_____ Application form - signed original, one for each child. Note: Country may require use of special application form.
_____ Marriage Certificate (if applicable) May need to be certified copy.
_____ Birth Certificate of child May need to be certified copy.
_____ Divorce Decree (if applicable) May need to be certified copy.
_____ Evidence of custodial right
· Custody order, or
· Copy of state statute, or
· Affidavit of law regarding presumption of custody under state law, or
· Article 15 determination by state court.
____ Other pertinent court documents
____ Photographs of taking parent and child
____ Statement regarding circumstances of removal or retention
____ Other documents specifically required by receiving country. (e.g. - Article 28 Statement - power of attorney to foreign Central Authority
____ Translations (if applicable)
____ Application for legal assistance (if applicable)

 

 

 

 

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 Jeremy D. Morley

International Divorce Law Office
230 Park Avenue, 10th Floor
New York, NY 10169
 jmorley@international-divorce.com
Tel: (212) 372-3425
Fax: (815) 301-6742

 

Text of the Hague Convention on Abduction

ICARA - International Child Abduction Remedies Act

Some of our articles on international child abduction:

How to Win a Hague Convention
Child Abduction Case

 

Hague Convention Overview

 

Judicial Prevention of International Child Abduction

 

Habitual Residence

 

Acquiescence or Consent

 

When the Hague Convention Won't Help