are they the rights before any court order? Or after?
This term has meaning relevant to the full context. The section, Art 3, refers to "rights of custody" under the laws of the State where the child habitually resides. This may differ from jurisdiction to jurisdiction. The application may be subject to interpretation during the litigation.
It is wise to seek a lawyer experienced in the laws of BOTH jurisdictions--the resident State and the jurisdiction of the other "Contracting" State. There is no "one size fits all" for this complex litigation.
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.
You need to visit an attorney in person who has special expertise in this area. If you do not know one I would tell you to call Stephen Komie in Chicago. This is not the type of forum to ask such a very complex question.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
The Hague convention is so that civilized nations can give effect to orders and Judgments of other Jurisdictions.
For instance; Your wife moves to her naive country Sweden with your child. You then obtain an Order that the child be returned. That order has to go through the Swedish consulate and the U.S. State department and the has to be translated into Swedish (even if your wife speaks fluent English) and a Swedish court will enforce the order.
This greatly simploifies the process but you can see it usually is time consuming and requires the work of a dedicated professional putting in sufficient time to effactuate the proper procedures.
By the way neither Pakistan nor the Phillipines are sibnators on the Hague Convention.
If a state (meaning a country) is not a signatory to the convention, the country need not give full faith and credit to any other countries court orders. Russia just signed on, but there are a number of countries that have yet to accede: Japan, South Korea, China, India -- the list goes on. This is an extremely complex and costly area of the law, so please weigh your option carefully and consult with an expert. It will not be cheap, the application alone for Hague Convention assistance is well in excess of $1000 and there are no guarantees that using the convention will work.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline