CIDIP: This Convention was adopted at the Fourth Inter-American Specialized Conference on Private International Law (CIDIP-IV), held in Montevideo, Uruguay,  July 1989.

Ratifications: To date, the following countries have ratified this Convention: [click here] 

Objective: This Convention has two objectives: 1) to secure the prompt return of children that were wrongfully removed from one State Party to another, or that, having been lawfully removed, have been wrongfully retained; and 2) to secure enforcement of visitation and custody rights of parties.

Summary: The Convention establishes a framework for the return of children in favor of those with right of custody or any similar right, by parents, tutors or legal guardians, or any institution, in conformity with the applicable law of the child’s habitual residence.

The Convention allows parents, tutors or legal guardians, or any institution with standing to request the Central Authorities of another State Party to locate any children that have their habitual residence in the requesting State.  Such request must be accompanied by all pertinent information concerning the presumed location of the child, the circumstances and dates of the removal to the foreign country, and, if possible, the person alleged to have removed or retained the child.  If the authorities of a State Party learn that a child wrongfully outside its habitual residence is located within their jurisdiction, they shall immediately take all appropriate measures to safeguard the child’s health and prevent his or her concealment or removal to another jurisdiction. Furthermore, said localization will be communicated to the authorities of the requesting State.

In urgent cases, an application may be filed with the authorities of the State Party in whose territory a child is wrongfully located or presumed to be located, or with the authorities of the State Party in which the wrongful act, that  gave rise to the request, took place.