Readers of this blog know that we are one of the few law firms in the country that handle international child abduction cases that rely on the Hague Convention. However, readers may not necessarily understand what that means and cases that must work together to effectuate the Hague Convention within the United States.
The Hague Convention
In 1980, the international community (currently, 101 countries) agreed to a treaty to establish proceedings for the prompt return of wrongfully returned minors to their home countries. This treaty became known as the Hague Convention.
United States Hague Convention Acts
In the United States, there are four federal statutes that enact the Hague Convention. The first one is the International Child Abduction Remedies Act. This act implemented the Hague Convention procedures. The second act is the International Parental Kidnapping Crime Act. This criminal statute makes it a federal crime (felony) to remove, or attempt to remove, a minor (age 16 or under) from the United States.
Next is the Uniform Child Abduction Prevention Act. This act is the judicial guidance act for the Hague Convention that dictates how courts in the United States should manage international custody disputes and divorce proceedings. The final act is the Uniform Child Custody Jurisdiction and Enforcement Act, which gives guidance on which courts have jurisdiction over international child custody disputes.
Hague Convention jurisprudence
There are three primary cases that enact the Hague Convention and its implementing statutes. The first is Abbott v. Abbott, 130 S.Ct. 1983, 176 L.Ed.2d 789 (2010). This United States Supreme Court decision gave parents rights under the Hague Convention. Three years later was Chafin v. Chafin, 133 S.Ct. 1017, 185 L.Ed.2d 1 (2013). In this United States U.S. Supreme Court case, the Court allows for the appeal of orders.
Finally, Lozano v. Alvarez, 134 S.Ct. 1224, 188 L.Ed.2d 200 (2014), the Court opined on the one-year period set forth in Article 12 of the Hague Convention. In that case, the Court found that this period is not subject to equitable tolling.
Furthermore, for those fighting an international child abduction, there is also INCADAT, The International Child Abduction Database. INCADAT is searchable and it has all the summaries of Hague Convention decisions, full texts of judgments and even legal analysis in three languages (English, French and Spanish) to help parents navigate international issues. However, you can use an attorney too.
