The Hague Convention on the Civil Aspects of International Child Abduction (1980) requires member states to promptly return a child who has been wrongfully removed from, or kept away from, their country of habitual residence, so that custody can be decided there. As of 2026, mainland China is not a party to the convention. Hong Kong and Macau do apply it.
Why it matters
For parents outside China, this is often the most important fact to understand. If a child is taken from, say, the UK or Canada to mainland China without consent, there is no Hague return application to make, and a foreign custody order is not automatically enforced in China. The practical remedies are custody proceedings in the Chinese courts, negotiation and mediation, and above all prevention. The reverse also applies: a child taken from mainland China to a Hague country cannot be returned to the mainland through the convention. Chinese courts may, in certain enforcement contexts, restrict a party from leaving China.
How it works in practice
A Canadian mother was worried that her Chinese husband would take their son to visit his family in Guangdong and not return. Before any trip, her Canadian lawyer sought a court order requiring written consent for travel, and we advised on how a Chinese court would approach custody if the child were retained. The parents eventually signed a detailed travel agreement, with passports held by the mother between trips and a return date guaranteed by a mirror arrangement in China.
Common mistakes
- Assuming a Hague application will bring a child back from mainland China
- Believing a foreign custody order is automatically enforceable in China
- Handing over passports for a "short visit" without written safeguards
- Waiting months before starting Chinese custody proceedings, while the child settles
- Forgetting that Hong Kong is a separate jurisdiction where the convention does apply