Often, however, the other country's courts will take jurisdiction of the case even though the children have no connection to that country. The remaining parents only recourse is to fight the custody battle in the other country. Additional countries are being added all of the time. If you do not see the country on this list, you need to call your county's State Department to see if the country you are interested in has signed the treaty. If the child has been taken from the U.S. to another country, the Central Authority will assist you in processing the papers and the hiring of an attorney.
Some countries provide free or low cost attorneys.
You are solely responsible for obtaining and paying your own attorney in the United States. The Hague Convention applies to parents who were exercising their custody rights at the time of the abduction, where the child in question is below the age of 16 and was habitually residing in the country from which he was taken. The Hague Convention provides for assistance where the remaining parent has lost his visitation rights, but does not require the return of the child. Custody rights need not be in the form of a court order for the Hague Convention to apply. If application is not made within one year, the court in the country where the child is removed has discretion whether or not to return the child.