The Hague Convention of the Civil Aspects of International Child Abduction (“the Hague Convention”) is an international treaty or agreement, established to safeguard the best interests of minor children. South Africa is a signatory of this agreement and bound by it along with several other countries across the globe.

The objective of the Hague Convention is to protect the fundamental rights of minor children and ensure compliance and co-operation amongst the contracting countries, thereby preventing abduction, the sale of, or traffic in minor children.

Children deserve nothing less than to have their childhood develop fully and harmoniously, supported by family and friends, and surrounded by love, care and understanding.

We are fortunate that our country is a signatory of the Hague Convention, given the high prevalence of child abduction and trafficking. There have also been several cases of minor children being removed from the Republic of South Africa by one parent, post-divorce.

A parent is not entitled to leave the Republic of South Africa with a minor child, without the consent of the other parent. South Africa requires a signed parental consent affidavit from the non-traveling parent in order for the traveling parent to exit the country with a minor child. However, in certain unfortunate instances, through fraud or corruption, a parent is successful in removing a minor child without the necessary consent.

While this is very frightening, we are able to rely heavily on the Hague Convention, as it provides a simplified procedure for seeking the return of a minor child. The Family Advocate was appointed as the Central Authority in South Africa, and in terms of the Hague Convention, the Central Authority is responsible for applying, on behalf of an applicant, to the Central Authority of the country to which the minor child was taken. The Central Authority, upon receipt of the application, is required to take immediate steps to:

• Discover the whereabouts of the minor child;
• Prevent any further harm to the minor child;
• Attempt to secure the voluntary return of the minor child, alternatively, institute legal proceedings in such country with the view to obtain the return of the minor child to South Africa; and
• To provide or facilitate provision of legal aid and advice.

The value of the Hague Convention is insurmountable, as the process itself has proven its success exceedingly.

If you would like to find out more, contact our offices to schedule a consultation to speak our specialist family law attorneys.

Telephone: +27 31 570 5334, email: adrienne.oliver@gb.co.za