The 1980 Hague Convention and Its Georgian Implementation
When a parent and a child are in different countries and contact or the child's return becomes the question, the matter concerns the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. Georgia is a party to this Convention — Georgia acceded in 1997 and the Convention has been in force for Georgia since 1 October 1997, operating also in relations with the United States. The Georgian implementation of the Convention is defined by special norms of the Civil Code: the central authority — a structural subdivision of the Ministry of Justice of Georgia — and the court form the legal channel through which the parent enters.
This page describes precisely that Georgian layer: who is an applicant, what the rights of custody and of contact are, when a removal or retention is wrongful, and how an application is made to the central authority and to the court — in both directions: when the child has left Georgia, and when the child is in Georgia.
The Key Concepts — Rights of Custody and of Contact, Wrongful Removal and Retention
The Georgian implementation norms define the key concepts precisely. For the purposes of this chapter, a child is a person under 16. An applicant is any person or body who applies to the central authority or to the court — by mediation request or by lawsuit — on matters connected with the return of a wrongfully removed or retained child or with the exercise of the right of contact.
The right of custody means the right relating to the care of the child and to the determination of the child's place of residence; a person or body exercises it where the child habitually resided in Georgia or in a contracting state and that person or body was actually exercising the custody — individually or jointly — in accordance with the law of the state where the child lived. The right of contact means the right comprising any kind of communication with the child — including taking the child for a limited period to a place other than the child's habitual residence.
The wrongful removal and wrongful retention of a child mean the breach of the right of custody attributed to a person or body under the law of the state where the child habitually resided: the child was removed from that state to a contracting state without the permission of the person or body holding the right of custody, and after their demand the child is not returned to the child's country — or the child is not returned after the expiry of a permitted period of stay. It is this qualification that determines whether the Convention mechanism is engaged, and establishing it requires serious evidentiary work.
When the Child Is Abroad — the Route through the Georgian Central Authority
Where a child has been wrongfully removed from Georgia to any contracting state of the Convention, or is wrongfully retained in such a state, the person or body who, in accordance with Georgian legislation, proves that they hold the right of custody over that child is entitled to apply to the central authority and to demand that a mediation request concerning the return of the child be forwarded to the central authority of the state where the child is.
The same channel works for contact: the person or body who proves that they hold the right of contact with a child who is in the territory of a contracting state is entitled to apply to the central authority and to demand that a mediation request concerning the exercise of the right of contact be forwarded to the central authority of the state where the child is. In practice this means that a Georgian parent's case begins in Georgia itself — with an application to the Georgian central authority — and does not require immediately searching for a lawyer abroad; but the quality of the application and the preparation of the evidence are decisive.
When the Child Is in Georgia — Central Authority or Court
In the opposite direction the Code likewise leaves a full choice: the person or body who proves that they hold the right of custody over a child who has wrongfully entered the territory of Georgia from any contracting state, or is wrongfully in Georgia, is entitled — by mediation request or by lawsuit — to apply to the central authority or to the court.
A person or body claiming the right of contact with a child who is in the territory of Georgia enjoys the same right: a mediation request or a lawsuit to the central authority or the court. The procedures for referral and enforcement of applications concerning the return of a wrongfully removed or retained child or the exercise of the right of contact are approved by the Government of Georgia — so the concrete administrative details are determined by those procedures, and when planning a case it is best to orient oneself towards the real channels: the central authority's mediation is more of a communication and coordination instrument, while the court is the channel where the dispute is ultimately resolved and the evidence decides.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
Which children does the Georgian layer of the Convention cover?
Children under 16. The age limit is set by the Georgian implementation norms and it determines exactly on whom the return and contact mechanism operates.
What is the difference between the rights of custody and of contact?
The right of custody relates to the care of the child and the determination of the child's place of residence; the right of contact comprises any kind of communication, including taking the child for a limited period outside the habitual residence. A return claim is based on a breach of the right of custody, a contact claim on the right of contact.
Where should a parent apply if the child has been taken abroad?
To the Georgian central authority — the application is forwarded to the central authority of the state where the child is. If, conversely, the child is in Georgia, the parent applies to the central authority or directly to the court — by mediation request or by lawsuit.
Who establishes that a removal was wrongful?
It is always a matter of evidence: it must be established that the child habitually resided in the given state, that the applicant actually holds the right of custody under that state's law, and that the child was removed without permission and is not being returned. This is where the advocate's work begins.
How We Help on Legal.ge
On Legal.ge you are served by advocates specialising in family law who run cross-border cases in both directions: we prepare the application for the central authority and the lawsuit for the court, gather and formalise the evidence of the rights of custody or contact, build the qualification — wrongful removal or wrongful retention — and tell you honestly what the central authority does, what remains for the court and what timeframe is realistic. Meet us in the office or online — book a consultation and receive a legal assessment of your situation.