Filing a Hague Convention return petition.

A return case asks a court to restore the pre-abduction status quo—not to decide permanent custody. The petition should identify the Convention issues precisely and put the case on a schedule suited to the treaty’s demand for expedition.

Request a Prompt Consultation See the Filing Sequence

Where the case is filed

ICARA gives state and federal courts concurrent jurisdiction. A return action is filed in a court authorized to exercise jurisdiction in the place where the child is located when the petition is filed.

What the case decides

The court decides whether the child should be returned to the country of habitual residence, subject to the Convention’s defenses. It ordinarily does not decide the merits of custody.

Threshold showing

What a return petition must establish.

At the outset, counsel should test treaty applicability, locate the child, identify the law governing custody rights, and assemble admissible proof. Under ICARA, the petitioner bears the burden of showing wrongful removal or retention by a preponderance of the evidence.

The Convention applies

The child was under age sixteen, and the relevant countries were treaty partners for this Convention at the pertinent time.

Habitual residence

Immediately before the removal or retention, the child was habitually resident in the country from which return is sought. Read the focused guide →

Rights of custody

The removal or retention breached custody rights arising under the law of the child’s habitual residence.

Exercise of those rights

The petitioner was actually exercising custody rights—or would have exercised them but for the removal or retention.

From intake to hearing

A disciplined filing sequence.

There is no universal complaint or motion package for every Hague case. Local rules, the selected forum, the child’s circumstances, known defenses, and the need for emergency relief shape the papers and requested schedule.

Confirm the forum and parties

Verify the child’s present location, identify the respondent, assess state versus federal court, and check jurisdictional and service requirements.

Plead the return claim

Set out the removal or retention, habitual residence, custody rights, exercise, treaty relationship, requested return, and supporting factual chronology.

Seek appropriate safeguards

When the facts justify it, request provisional measures to protect the child’s location, prevent further removal, preserve evidence, and maintain the court’s ability to grant effective relief.

Prepare the expedited record

Complete service, propose a prompt schedule, anticipate asserted defenses, arrange translations and witnesses, and prepare for a concentrated evidentiary hearing.

Proof to collect early

The petition is only as strong as the record behind it.

Chronology and communicationsTravel dates, plans, messages, emails, notices of objection, and statements about the purpose or duration of a move.

Custody rights and foreign lawOrders, statutes, agreements, registrations, and reliable materials showing the petitioner’s rights under the law of habitual residence.

The child’s life before removalSchool, medical, housing, immigration, family, community, and travel records relevant to habitual residence.

Current location and urgencyInformation identifying where the child is, risks of another move, approaching deadlines, and facts supporting any provisional relief.

Authentication and translationComplete originals, metadata, certified or reliable translations, and a plan for presenting foreign records and witnesses.

Timing matters

Do not wait for a perfect file.

The Convention directs authorities to act expeditiously. It also treats the one-year period following removal or retention as important: after that period, a respondent may raise the child’s settlement in the new environment under Article 12.

A U.S. Central Authority application can assist through the Convention’s administrative process, but the litigation path and immediate protective needs should be evaluated without avoidable delay.

Preserve; do not curate.
Keep complete message threads, original files, account data, devices, and records. Selective deletion or alteration can damage credibility and eliminate useful context.

Primary sources: International Child Abduction Remedies Act, 22 U.S.C. §§ 9001–9011 and the 1980 Hague Convention text. If a return order is appealed, review the focused guide to Hague appeals and emergency stays.

Prompt petition assessment

Start with the countries, the dates, and the child’s present location.

For an initial conversation, have any custody orders, the date and purpose of travel or relocation, communications about return, and information locating the child available. Do not send highly sensitive documents until secure delivery arrangements are confirmed.

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