Key data
| Regulation | Council Decision (EU) 2026/1790, of 14 July 2026 |
|---|---|
| Publication | 21 July 2026 |
| Entry into force | Not specified |
| Affected parties | Families with links between the EU and Cape Verde affected by parental abduction of minors |
| Category | European Regulation |
| Reference Convention | 1980 Hague Convention on the Civil Aspects of International Child Abduction |
| Acceding country | Cape Verde |
| Official reference | OJ:L_202601790 |
Families with links between the European Union and Cape Verde facing a parental abduction situation now have a strengthened international legal framework. The Council Decision (EU) 2026/1790, of 14 July 2026, authorizes Member States to accept Cape Verde's accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the main international legal instrument for the urgent return of children transferred or unlawfully retained in another country.
Until now, Cape Verde's absence from this convention made it extremely difficult to resolve these cases when the minor was transferred between an EU country and the Atlantic archipelago. With this decision, that legal gap is closed.
What does this regulation establish?
The 1980 Hague Convention is the reference international legal framework for cases of cross-border parental abduction. Its main objective is to guarantee the immediate return of minors unlawfully displaced or retained in a country other than their habitual residence, and to preserve the right of access of parents.
A new country's accession to this convention is not automatic: it requires that States already members expressly accept such accession. In the case of EU countries, this competence belongs to the European Union itself—not to each State individually—because the matter affects mutual recognition in family law, an area of Community competence. This is why a decision of the EU Council was necessary to authorize Member States to act.
What this decision establishes, in practical terms:
- EU Member States are authorized to accept Cape Verde's accession to the 1980 Hague Convention.
- The central authorities of each Member State will be able to cooperate directly with Cape Verdean authorities to resolve cases of parental abduction.
- The possibility of initiating urgent return procedures with international legal backing is activated when a minor is unlawfully transferred or retained between the EU and Cape Verde.
- The decision is necessary because Member States could not act individually without prior Community authorization.
Operational and practical impact
This regulation does not generate direct costs for businesses or self-employed individuals. Its impact is fundamentally legal, family-related and procedural. However, it has very concrete operational consequences for family law professionals and affected families:
- Greater agility in procedures: Before this accession, resolving a parental abduction case between an EU country and Cape Verde required resorting to diplomatic channels or much slower and less effective bilateral agreements. Now there is a standardized legal channel recognized internationally.
- Direct cooperation between central authorities: The central authorities designated in each Member State (in Spain, the Subdirectorate General for International Legal Cooperation of the Ministry of Justice) will be able to process return requests directly with their counterparts in Cape Verde.
- Relevance for the Cape Verdean community in Europe: Given the volume of Cape Verdean citizens residing in Spain and other European countries, the expansion of the Hague Convention network has a real and direct impact on a significant number of families.
- International legal backing: Cases that previously lacked a clear legal framework now have a recognized procedure, which reduces legal uncertainty for lawyers, judges and families.
Who does it affect?
- Families with links between the EU and Cape Verde in which there is or may be a custody dispute or parental abduction of minors.
- Lawyers and law firms specialized in international family law that handle cases with a cross-border EU-Cape Verde component.
- Central authorities of Member States responsible for processing child return requests (in Spain, the Ministry of Justice).
- Judges and magistrates who must resolve cases of parental abduction with a connection to Cape Verde.
- Cape Verdean citizens residing in Spain and other EU countries with minor children in situations of cross-border family conflict.
- Child protection organizations that intervene in situations of unlawful international displacement.
Practical example
Imagine the following case: a couple of mixed nationality—one parent Spanish, the other Cape Verdean—has their habitual residence in Spain. Following a separation, the Cape Verdean parent transfers the minor child to Cape Verde without the consent of the other parent and without judicial authorization.
Before this decision, the parent remaining in Spain had very limited options: resort to diplomatic channels or attempt bilateral agreements without clear guarantees of outcome or defined timelines.
With Cape Verde's accession to the 1980 Hague Convention, the parent in Spain can now submit an urgent return request to the Spanish central authority (Ministry of Justice), which will process it directly with Cape Verde's central authority. The convention establishes the obligation to act with urgency and to guarantee the child's return to their country of habitual residence, except in limited exceptions.
This standardized procedure significantly reduces resolution times and provides legal certainty to all parties involved.
What should families and professionals do now?
- Verify if there is an active or potential case: If there is a custody dispute situation with links between the EU and Cape Verde, check whether the minor could be at risk of unlawful displacement or has already been transferred.
- Contact the central authority of the corresponding Member State: In Spain, the Subdirectorate General for International Legal Cooperation of the Ministry of Justice is the point of contact for initiating a return procedure under the 1980 Hague Convention.
- Consult a lawyer specialized in international family law: Cape Verde's accession to the convention opens new legal avenues that should be assessed with a qualified professional, especially in ongoing cases.
- Document the child's habitual residence: The convention requires proving what was the child's country of habitual residence before the displacement. Gathering documentation (registration, schooling, healthcare) is a key step.
- Monitor the entry into force date: The decision was published on 21 July 2026, but the entry into force date has not been specified. It is advisable to monitor the EU Official Journal to know the exact moment when the procedure becomes operational.
Frequently asked questions
What is the 1980 Hague Convention on parental abduction?
It is the main international legal instrument for resolving cases in which a minor is unlawfully transferred or retained in a country other than their habitual residence. It establishes mechanisms for the immediate return of the minor and cooperation between central authorities of the signatory countries. With Cape Verde's accession, this mechanism becomes available for cases with links between the EU and the Atlantic archipelago.
Why did the EU need to authorize its Member States to accept Cape Verde's accession?
Because competence in matters of mutual recognition in family law belongs to the European Union, not to each State individually. Member States cannot accept a third country's accession to this type of convention without prior authorization from the EU Council. Council Decision (EU) 2026/1790 is precisely that authorization.
How is a child return procedure initiated under the Hague Convention?
The affected parent must submit a request to the central authority of their country of residence. In Spain, that authority is the Subdirectorate General for International Legal Cooperation of the Ministry of Justice. This authority processes the request directly with the central authority of the country where the minor is located—in this case, Cape Verde—following the procedures established in the convention.
When does this decision enter into force for cases involving Cape Verde?
Council Decision (EU) 2026/1790 was published on 21 July 2026, but the entry into force date has not been specified in the available regulation. It is necessary to monitor the EU Official Journal to know the exact moment when the procedure becomes operational between Member States and Cape Verde.
Which families does this regulation especially affect in Spain?
It mainly affects families with links between Spain and Cape Verde, given the volume of Cape Verdean citizens residing in Spain. Any family in which there is a custody dispute or risk of unlawful displacement of a minor between both territories can be directly affected and benefit from the expansion of the Hague Convention network.
Official source
Consult complete regulation in official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601790