Can the Hague Convention Help Me Bring My Child Back to the U.S.?

 Posted on May 17, 2025 in Child Custody

When a parent takes a child out of the United States without the other parent’s permission and refuses to return, the result can be terrifying. Many parents feel helpless when dealing with another country’s legal system, especially when language barriers and unfamiliar laws are involved. Fortunately, the Hague Convention on the Civil Aspects of International Child Abduction provides a legal process to help bring the child back.

If your child has been taken to another country, our West Chicago, IL family law attorney can help. We offer free consultations and have experience handling international custody disputes under the Hague Convention.

What Is the Hague Convention?

The Hague Convention is an international treaty that protects children from being wrongfully removed or kept away from their home country. The United States is a party to this treaty, along with more than 100 other nations.

Under the Hague Convention, a parent can request the return of their child to the country where the child was living before the abduction. This legal process applies only when:

• The child was under the age of 16 at the time of removal

• The child was living in the United States immediately before being taken

• The destination country is also a Hague Convention signatory

The goal of the Hague Convention is not to decide who should have custody, but rather to return the child to the correct jurisdiction so custody can be resolved through the proper courts.

How Do You Start the Hague Process to Bring a Child Back to the U.S.?

To begin, a parent must file a Hague application with the U.S. State Department’s Office of Children’s Issues. If the country where the child has been taken is a member of the Hague Convention, that country’s legal system is then obligated to handle the case promptly and fairly.

The parent seeking the return of the child may need to appear in court abroad, submit detailed legal documents, and respond to defenses raised by the taking parent. Common defenses include claims that the child is settled in the new country or that returning the child would expose them to harm. These claims can complicate the process and make it even more important to have experienced legal representation.

Why Experience Matters in Hague Convention Cases

International custody cases are often urgent, emotional, and highly technical. Each country has its own procedures for handling Hague petitions, and success often depends on working with attorneys who understand those procedures and have handled similar cases before.

Our law firm has represented parents in the greater Chicago area, including those from immigrant communities with close ties to Mexico, India, Poland, and China. We are committed to helping left-behind parents fight for the safe return of their children and protect their rights across borders.

Contact a DuPage County, IL Child Custody Attorney

If your child has been taken from the United States to another country without your consent, you may be able to pursue their return through the Hague Convention. Contact our Illinois Hague Convention child custody attorney at Hensley Sendek Law to schedule a free consultation. We have the legal experience you need to take swift and informed action. Call us at 630-358-9029 today and schedule a free consultation.