When you have a case pending that involves the Hague Convention, custody determinations are usually not made as part of that process. Hague Convention cases can be brought in either federal or state court since there is concurrent jurisdiction. However, the Hague Convention itself does not allow the court to make custody decisions.
The Hague Convention is designed to establish where the child’s habitual residence is, meaning the location where the child will be returned after the case. In some Hague Convention cases, you may seek the return of the child, while in others, you may be seeking access to the child when there is no dispute about the child’s habitual residence.
Once the child is returned to the location or country determined to be their habitual residence, the local court in that jurisdiction will make the custody and visitation determinations.
