Notice of an action brought under the Convention must be given in accordance with the applicable law governing notice in interstate child custody proceedings. A parent need not have a custody order or judgment to invoke the convention. Even if a return proceeding is pending, it ceases to apply on the day when the child attains the age of sixteen years. It applies to cases where children have been wrongfully taken to or retained in the responding jurisdiction. The Convention applies in international child snatching cases, as between contracting states, only to wrongful removals or retentions.
Limited defenses are available in the summary proceeding at the responding state.
If the authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested state, on its own initiative or if asked by the Central Authority of the requesting state, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested state, that Authority must transmit the reply to the Central Authority of the requesting state, or to the applicant, as the case may be. However, no court exercising jurisdiction of such an action may order a child removed from a person having physical control of the child unless the applicable requirements of state law are satisfied.