If your child has been taken to another country, you should begin to complete the Hague application form (in English or French/German/Italian), and contact the Central Authority.
Central Authorities help parents complete Hague applications, and then forward to the Central Authority in another country. The Central Authority will review the application to ensure it includes information or evidence:
- of any custodial or decision-making right, such as a copy of a court order or agreement or whether you have custody/decision-making responsibilities according to The Children's Law Act, 2020. You must also have actually been exercising your custodial rights;
- the child was wrongfully removed or retained in another country, in contravention of your rights of custody or decision-making;
- the child is now in a country that has signed the Hague Convention; and
- the child is under 16 years of age; or the child was habitually resident in Saskatchewan.
The Hague Convention has been signed by over 90 countries. To check to see if your child is in a country that has signed the Hague Convention.
If your child was habitually or ordinarily resident in another country and has been taken to Saskatchewan, you may either apply to the Central Authority of your country or apply directly to the Saskatchewan Central Authority by completing the Hague application above.
You should be prepared to provide a copy of the child's birth certificate and recent photos of the child as part of your Hague application. A photo of the abducting parent is also helpful.
Although the Central Authority will help an applicant complete an application, it does not act as a lawyer for either party. If you want a lawyer to advocate for you in a court application in Saskatchewan, you may want to contact one of the lawyers on the List of Saskatchewan Lawyers for Court Proceedings.