§ 19-9-82.Orders made under the Hague Convention
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 3. Jurisdiction and Enforcement of Foreign Decrees · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-82
Plain-English Summary
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty aimed at returning children who have been wrongfully taken or kept across national borders. A court applying the Convention may order a child returned. This one-sentence section lets a Georgia court enforce such a return order under Part 3 of the Uniform Child Custody Jurisdiction and Enforcement Act as if it were a child custody determination. The verb is “may”: the section makes these tools available to a Georgia court.
That brings the Act’s enforcement machinery to bear. The person seeking return files a verified petition under § 19-9-88, and the court orders the respondent to appear at a prompt hearing. Under § 19-9-90, once the court finds the petitioner entitled to immediate physical custody, it shall order that the petitioner may take the child unless the respondent establishes a listed defense, and § 19-9-91 allows a warrant to take physical custody of a child who is imminently likely to suffer serious physical harm or be removed from Georgia. Section 19-9-95 lets a district attorney take lawful action to locate a child or obtain a child’s return when there is a reasonable belief that the child was wrongfully removed or retained in violation of the Convention; the district attorney acts on behalf of the court and may not represent any party. This section addresses enforcing a return order. It doesn’t set the standards for deciding whether a child should be returned in the first place.
Frequently Asked Questions
Can a Georgia court enforce a Hague Convention return order?
Yes. Under § 19-9-82, a Georgia court may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. That opens up the enforcement procedures in Part 3 of the Act.
What enforcement tools can a Georgia court use on a Hague return order?
The same ones it uses for custody orders under Part 3. They include a verified petition and prompt hearing under § 19-9-88, an order for immediate physical custody under § 19-9-90, and, when the child is imminently likely to suffer serious physical harm or be removed from Georgia, a warrant to take physical custody under § 19-9-91.
Can a Georgia district attorney help get my child back under the Hague Convention?
A district attorney may act. Section 19-9-95 lets a district attorney take any lawful action to locate a child, obtain a child’s return or enforce a custody determination in a case involving the Hague Convention — for example, when there is a reasonable belief the child was wrongfully removed or retained in violation of it. But the district attorney acts on behalf of the court and may not represent any party.
Does this section decide whether my child should be returned to another country?
No. Section 19-9-82 addresses enforcing an order for return that has already been made under the Hague Convention. It treats that order like a custody determination for enforcement purposes. It doesn’t set the standards for deciding whether a child should be returned.
Is a Hague return order the same as a custody order?
Not exactly. Section 19-9-82 lets a Georgia court enforce a Hague return order “as if it were” a child custody determination. The comparison is about enforcement: the return order gets the same enforcement tools, but the section doesn’t turn it into a decision about who has custody.
Amendment History
Laws 2001, p. 129, § 1.