International Child Law and the Hague Convention

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How does the Convention work?

The Central Authority in South Africa (the Family Advocate's Office) is the first port of call unless the applicant uses a law firm in South Africa to lodge an application to court. Because the Central Authority is usually inundated with child abduction applications it is usually better for an applicant to use a local law firm in South Africa who specializes in child law. Where an applicant uses a law firm in South Africa the Central Authority oversee the process. The requested Central Authority or their designated representative (law firm) must take steps to:

• Discover the whereabouts of the child;

• Attempt to secure the voluntary return of the child, otherwise initiate or facilitate judicial or administrative proceeding.

Check list for applicants:

To facilitate the processing of an application by the Central Authority, the parent left behind or the parent must ensure that the application contains the following documents:

• Prescribed questionnaire in English;

• Recent photographs of the child and of the abducting parent;

• Certified copies of birth certificates;

• Proof of parental rights, such as court orders (and agreements of settlement, where applicable) regarding the custody, access & guardianship;

• Certified copy of marriage certificate, if applicable;

• Details of the child and/or the abducting parent's whereabouts or possible location;

• Sworn translations to English of all relevant documentation.

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