When you have a case involving the Hague Convention, custody determinations are not usually 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 any custody decisions.
The Hague Convention is designed to establish where the child’s habitual residence is, meaning the place the child will be returned to after the case. In some Hague Convention cases, you are seeking the return of the child, while in others, you may be seeking access to the child without a dispute over habitual residence.
Once the child is returned to their location or country, as defined by the court as their habitual residence, the local court in that country will then make custody and visitation determinations.