Hague Convention on the Civil Aspects of International Child Abduction:

 

General Information

 

The 1980 Hague Convention on the Civil Aspects of International Child Abduction (the Convention) is an agreement, the object of which are to secure the prompt return of children wrongfully removed to or retained in another State Party. The Convention only operates between those Countries that are parties to it.

 

The Convention ceases to apply when a child attains the age of sixteen (16) years.

 

 

Central Authority:

Ministry of Foreign Affairs

Goodman’s Bay Corporate Centre

P.O. Box N-3746

Nassau, The Bahamas

 

Telephone: 242-356-5956

Facsimile: 242-328-1182 or 242-326-2123

 

 

For Requests Emanating from The Bahamas:

The left-behind parent speaks to the relevant official at the Ministry of Foreign Affairs and completes an application form. Once completed, with all relevant documentation, the Ministry forwards the application to the Central Authority in the State where the child is presumed to be. The role of the Ministry then becomes primarily to follow up.

 

 

For Requests Emanating Outside of The Bahamas:

Upon receipt of the application and corresponding documentation, the Ministry forwards the same to the Office of the Attorney-General for processing. In the event that the exact address of the child and taking/retaining parent is unknown, the Attorney-General’s Office usually engages the services of the Royal Bahamas Police Force and/or the Department of Immigration.

 

Once the Child’s address is known, action can then be initiated. Where facts suggest that there is a high risk of flight by the alleged abducting parent, the Office of the Attorney-General may prepare court documents for an ex-parte application to the Supreme Court of The Bahamas to obtain an order to prevent the abducting parent from removing the child from the jurisdiction.

 

In any event, every application made under this Convention shall be made by Originating Summons. In order for the Attorney-General’s Office to prepare the Originating Summons, International Child Abduction Rule 4 must be complied with, and certified copies of relevant Custody Orders, Temporary Orders, and any other Court Orders must be attached. The Attorney-General’s Office also prepares affidavits which must be signed by the applicant and notarised.

 

Once the signed, authenticated affidavit is received by the Ministry, it is forwarded to the Office of the Attorney-General, which initiates all legal proceedings. Usually the applicant is not needed to appear in court unless the court orders that the parties appear for cross-examination. The alleged taking/retaining parent, however, would be expected to appear.

 

If a Bahamas Supreme Court judge grants an order for the return of a child, then arrangements are made for the child to be returned. The applicant can travel to collect the child or the child can be returned through the medium of a third party.

 

For all requests, the Hague Convention on the Civil Aspects of International Child Abduction must be in force between The Bahamas and the Country concerned at the time of the alleged wrongful removal or retention, and the application must be well-founded.

 

NOTE: The Central Authority will only make contact with the taking/retaining parent with the permission of the applicant. Please see form _________

 

 

 

 

ALL INFORMATION IS STRICTLY CONFIDENTIAL AND CAN ONLY BE DISCUSSED WITH THE PERMISSION OF THE APPLICANT.
Hague Convention on the civil aspects of international Child Abduction:

 

Frequently Asked Questions

 

1. What is the International Child Abduction Act, Chapter 137?

 

        In The Bahamas, the International Child Abduction Act, Chapter 137 incorporates and gives effect to the Hague Convention on the Civil Aspects of International Child Abduction.

 

   2. What are the International Child Abduction Rules?

 

       In The Bahamas, these rules carry out the objectives of the International Child Abduction Act and are cited in Section 10 of the International Child Abduction Act. They also dictate the procedures that must be performed before the Supreme Court.

 

   3. With which States is the Convention in force?

 

       The Convention is in force between The Bahamas and the Following States:

 

Argentina, Australia, Belarus, Belgium, Belize, Brazil, Bulgaria, Canada, Chile, China(People’s Republic of), Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Dominican Republic, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, Moldova (Republic of), Monaco, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Poland, Portugal, Saint Kitts and Nevis, San Marino, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Trinidad and Tobago, Turkmenistan, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Uzbekistan, Venezuela, Zimbabwe.

 

NOTE: This list is subject to change as more States become parties to the Convention.

 

   4. What options are there for a left-behind parent?

 

       A left-behind parent may have the Central Authority contact a taking/retaining parent to request a voluntary return of the child (the administrative resolution) or proceed with a judicial hearing.

 

   5. Which Bahamian agencies are involved in the application process?

 

       In The Bahamas, all relevant government agencies work together in carrying out the objectives of the Convention. The Ministry of Foreign Affairs is designated as the Central Authority under the International Child Abduction Act, and as such liaises with the Office of the Attorney-General, the Royal Bahamas Police Force, the Department of Social Services and other government agencies including the Department of Immigration.

 

  6. What is the role of the Central Authority?

 

      According to Article 7 of the Convention, Central Authorities have an obligation to co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of the Convention.

              

In particular, either directly or through any intermediary, they should take all appropriate measures –

 

a)   to discover the whereabouts of a child who has been wrongfully removed or retained;

 
b)   to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;

 
c)   to secure the voluntary return of the child or to bring about an amicable resolution of the issues;

d)   to exchange, where desirable, information relating to the social background of the child;

e)   to provide information of a general character as to the law of its State in connection with the application of the Convention;

f)   to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organising or securing the effective exercise of rights of access;

g)   where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;

h)   to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;

i)   to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.

 

   7. What is the role of the Attorney-General’s Office?

 

       The Attorney-General’s Office acts on behalf of the Central Authority and the applicant before the Supreme Court, and is responsible for preparing the court case.

 

   8. What attachment/documents must be submitted along with the Hague application form?

 

       The Hague Application form must be completed by the left-behind parent, who should provide as much information as possible to assist in the prompt location of the taking/retaining parent and child, and to facilitate the prompt processing of the application.

 

Where applicable, the application must be supported by the following:

 

• Duly certified copies of the child’s birth certificate; marriage certificate; any court orders pertaining to the rights of custody or access, divorce, separation, restraining orders etc; any agreement between parties as to the rights of custody or access;

 

• Proof of service of any relevant court orders on the taking/retaining parent;

 

• In the absence of a court order pertaining to the rights of custody or access at the date of the wrongful removal or retention of the child, a certificate or affidavit from the Requesting State as to the relevant law of that State regarding the custody or access;

 

• Copies of any relevant correspondence between the parties (i.e. emails, text messages, letters, etc.);

 

• Article 28 authorisation;

 

• Certified English translations of any supporting documents that is in a language other than English. Certification must state the full name, address and qualifications of the translator;

 

• Photographs of the child and the taking/retaining parent, in colour if possible.

 

   9. What is the Apostille, and why is it so important?

 

       An Apostille is the certification of documents destined for use in participating Countries and their territories by one of the officials in the jurisdiction in which the document has been executed. The International Child Abduction rules of The Bahamas require that all accompanying documents such as custody orders and public documents (i.e. birth certificates, marriage certificates, etc.) be true and certified copies.

 

 10.  Does the Affidavit of the applicant have to be in a particular form? 

 

       Yes, the affidavit should be in the form as used in The Bahamas, with proper headings. Usually, the Office of the Attorney-General prepares a draft form of the affidavit for the applicant, who (if outside of The Bahamas) would have to swear or affirm the document in his jurisdiction before a Notary Public or other person authorised to take oaths.

 

 11. Which Court in The Bahamas hears abduction cases under the Convention?

 

       Hague Child Abduction cases are always heard before the Supreme Court.

 

 12.  Explain the legal proceedings with regard to Hague Child Abduction cases in The Bahamas.

 

       The Attorney-General’s Office files all of the required documents with the Registry of the Supreme Court. Once filed, copies of these documents are then served on the alleged taking/retaining parent. The Attorney-General’s Office will secure a court date, relying on all information submitted by the applicant. The results of the hearing would then be communicated to the applicant and/or relevant Central Authority.

 

  13. Can court decisions be appealed?

 

        Yes. Appeals are made to the Court of Appeal.

 

  14. Is it necessary to hire a local attorney?

 

       No. However, a left-behind parent may retain a local attorney to commence proceedings on his behalf under the Convention and International Child Abduction Act if he chooses not to make an Article 28 Authorisation.

 

  15. What costs will be incurred?

 

        Where the left-behind parent retains a local attorney, the fee arrangement is a private matter to be determined between attorney and client. Where, however, the Office of the Attorney-General represents the left-behind parent on behalf of the Central Authority, no legal fees are charged. Note, however, that upon ordering the return of a child, a Judge may order a defendant to pay costs relating to expenses incurred by or on behalf of the applicant including home/travel expenses, costs associated with locating the child, and costs of legal representation of the applicant. See Article 26 of the Convention.

 

 16. Is the nationality of the parents or the minor important?

 

       No. What is important is whether the minor is in The Bahamas.

 

  17. How long does the process take?

 

       The length of time depends on how soon the applicant submits the application, whether there is sufficient information to locate the minor and how soon the applicant submits his affidavit so that the court documents can be filed.

 

 

Hague Convention on the civil aspects of international Child Abduction:

 

Applicable Laws

 

The relevant legislation which addresses children and the custody rights of parents are:

 

1. The International Child Abduction Act and Rules (Chapter 137)- An Act to give local effect to the Hague Convention on the Civil Aspects of International Child Abduction and matters connected therewith;
2. The child Protection Act, 2007- An act relating to the guardianship and custody of children.

 

In the absence of a Statute addressing specific issues, the English Common Law would apply.

 

 

Hague Convention on the civil aspects of international Child Abduction:

 

Checklist

 

o   Signed Hague application in English (for each child).

 

o   Proof of rights of custody or access. Certified copies of any court orders pertaining to the rights of custody or access or relevant State law pertaining to custody or access.

 

o   Certified marriage certificate, where applicable to prove rights of custody.

 

o   Copies of any relevant correspondence between the parties.

 

o   Certified copies of birth certificates for all children.

 

o   Copies of any relevant correspondence between the parties.

 

o   Article 28 authorisation.

 

o   Certified English translations of any supporting documents that is in a language other than English. Certification must state the full name, address and qualifications of the translator.

 

o   Photographs of the child and the abductor, in colour if possible.

 

o   Location information: Address in The Bahamas, if known; names of relatives and friends etc.

 

• •   If an application is made more than one year after the removal/retention of the child, an explanation of delay in filing the Hague application, other necessary applications.

 

NOTE: Applications cannot be processed if these documents are not provided!

List of Commonly Used Terms

 

 

Taking/Retaining Parent - A parent that wrongfully removes a child from the State in which he/she has normally resided, or fails to return that child to that State, as agreed to with the other parent/guardian.

 

Left-Behind parent - A parent/guardian whose child has been wrongfully removed from the State in which he/she has normally resided, or has not been returned to that State, as agreed to with the other    parent.

 

Return - An application made by a left-behind parent to a Central Authority to have his/her child brought back to the State where he/she normally resided.

 

Access- An application made by a left-behind parent to a Central Authority to cause the taking/retaining parent to make the child available to him/her.

 

Certification (of Documents) - Process whereby the affidavit/court order/State-issued documents are verified by a Notary Public as authentic.

 

Requesting State- The State from which a left-behind parent makes an application under the Convention.

 

Requested State- The State to which a left-behind parent makes an application under the Convention. (The State where the child is believed to be.)

 

Article 28 Authorisation – A form that the left-behind parent must sign in order for the Central Authority to act on his/her behalf.

 

Apostille - An Apostille is the certification of documents destined for use in States that are party to the Hague Convention Abolishing the Requirement for Legalisation of Foreign Public Documents and their territories by one of the officials in the jurisdiction in which the document has been executed.