International Child Abduction: A Strategic Guide to the Hague Convention

By: Norka M. Schell

In an increasingly mobile world, international child custody disputes have become a critical area of concern for parents with global ties. When a parent removes a child from their home country without the other parent’s consent—or refuses to return them after a scheduled visit—the legal landscape shifts from local family court to the complex framework of international treaties.

At The Law Offices of Norka M. Schell, LLC, we provide the authoritative advocacy required to navigate these high-stakes, time-sensitive cases.

The 1980 Hague Convention: Purpose and Procedure

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is the primary legal mechanism for the return of children wrongfully removed from their “habitual residence.”

It is important to understand that a Hague proceeding is not a custody trial. The court’s only objective is to determine where the child should live so that the proper home country can make long-term custody decisions.

The “Habitual Residence” Standard

The success of a Hague petition hinges on proving that the child was a “habitual resident” of the country they were taken from. In 2026, courts apply a “totality of the circumstances” test, looking at:

• The parents’ shared intent regarding the move.
• The child’s degree of settledness (schooling, language, social ties).
• The duration and nature of the child’s stay in each country.

Wrongful Removal vs. Wrongful Retention

• Wrongful Removal: A parent takes a child to another country in violation of the other parent’s custody rights.
• Wrongful Retention: A child is taken abroad for a permitted visit (e.g., a summer in Brazil) but the parent refuses to return them to New York at the agreed-upon time.

The Narrow Defenses: When Return May Be Denied

Under Article 13(b) of the Convention, a court may refuse to return a child if the taking parent can prove specific, high-threshold defenses:

1. Grave Risk of Harm: Returning the child would expose them to physical or psychological harm or an intolerable situation.
2. The Mature Child Objection: The child objects to returning and is of an age and degree of maturity where their views should be considered.
3. Settled in the Environment: If more than one year has passed since the removal, the court may find the child is now “well-settled” in their new home.

The “Dual-Lens” Advantage in Hague Cases

International abduction cases often involve the United States and Brazil. Because Attorney Norka M. Schell is dually licensed in both jurisdictions, our firm provides a distinct advantage:

• Statutory Interpretation: We can directly argue the custody laws of the home country (the “Left-Behind” country) without needing expensive outside experts.
• Federal Litigation Experience: These cases are often heard in U.S. Federal Courts under the International Child Abduction Remedies Act (ICARA). We maintain a robust presence in federal litigation.
• Criminal Implications: We advise on the International Parental Kidnapping Crime Act (IPKCA), ensuring our clients understand the potential criminal ramifications of cross-border removal.

Act Quickly: Time is the Enemy in Abduction Cases

In international custody disputes, delays can lead to a loss of rights. If your child has been taken or is being wrongfully withheld, you must seek authoritative legal counsel immediately.

Contact The Law Offices of Norka M. Schell, LLC at 212-258-0713 or reach us online to discuss your international parental rights.