Understanding the Request for Return of the Child Form (AJ-132A)

Understanding the "Request for Return of the Child" Form (AJ-132A) by Justice Québec

The "Request for Return of the Child" form, identified by code AJ-132A, is an official document used within the framework of the Hague Convention on the Civil Aspects of International Child Abduction. This form is essential for individuals or authorities seeking the return of a child who has been wrongfully removed or retained across international borders, specifically involving Québec and other jurisdictions adhering to the Hague Convention.

When and Why to Use This Form

This form is to be completed when a child has been taken from their habitual residence without the consent of the custodial parent or guardian, and there is a concern that the child’s removal violates custody rights. It is primarily used by the requesting authority or individual to initiate legal proceedings aimed at securing the child's return. The form is applicable in situations where:

• The child has been abducted or retained unlawfully across international borders.
• The custodial rights of the parent or guardian have been breached.
• The child’s habitual residence is in Québec or the jurisdiction of the requesting authority.

Filing this form initiates a legal process under the Hague Convention, which aims to restore the child to their habitual residence, pending the resolution of custody disputes or other legal matters.

Key Sections and Information Required

1. Identity of the Child or Children

This section requires detailed identification of the child or children involved, including:

• Name and date of birth (or estimated age if unknown)
• Place of birth
• Nationality
• Habitual residence prior to removal or retention
• Physical description: height, weight, hair and eye color
• Photographs, if available

2. Identity of the Parents

Information about the child's parents or legal guardians, such as:

• Name and date of birth
• Nationality
• Occupation and contact details
• Address and place of habitual residence
• Relation to the child (mother, father, or other)

3. Requesting Individual or Institution

This section captures details of the person or institution requesting the child's return, including:

• Name and date of birth
• Address and contact information
• Legal custody rights exercised prior to removal or retention

4. Details of the Person Alleged to Have Removed or Retained the Child

Information about the individual or entity believed to have taken or kept the child unlawfully, including:

• Name and address
• Relationship to the child
• Any known motives or circumstances surrounding the removal

5. Circumstances of the Removal or Retention

This part documents the time, place, date, and specific circumstances of the wrongful act, providing context for the legal proceedings.

6. Grounds for Breach of Custody Rights

Here, the applicant must specify the legal or factual basis for claiming that custody rights have been violated, such as:

• Judicial decisions
• Legal operations or laws
• Custody agreements

7. Civil Proceedings and Proposed Arrangements

If legal proceedings are ongoing, details of the case, including the parties involved and their contact information, must be provided. The form also allows for proposed arrangements for the child's return.

How to Complete and Submit the Form

The form should be filled out comprehensively with all available information, attaching supplementary sheets if necessary. Photographs, legal documents, and any evidence supporting the claim should be included. Once completed, the form must be signed and dated by the requesting authority or individual, and then submitted to the appropriate judicial or governmental authority responsible for child abduction cases in Québec or the relevant jurisdiction.

Points of Attention and Legal Considerations

It is crucial to support any allegations regarding the child's security with affidavits or official statements. Accurate and detailed information increases the likelihood of a successful legal process. It is also important to ensure that all information provided is truthful and complete, as false declarations can have legal consequences.

In summary, the AJ-132A form is a vital procedural document within the international framework of child abduction law, designed to facilitate the safe and prompt return of children unlawfully removed from their habitual residence. Proper completion and submission of this form are essential steps in protecting custodial rights and ensuring the child's well-being across borders.