NCJ Number
201592
Date Published
2002
Length
72 pages
Annotation
This report analyzes the procedures and systems of seven of the states with the highest caseloads under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention).
Abstract
The seven states are Australia, Canada, France, Germany, Mexico, the United Kingdom, and the United States. This report assesses the strengths and weaknesses of the procedures and systems of each of these countries, offering practical recommendations for reform and possible models for those states that are considering accession to the Hague Convention. One chapter discusses the implementation of the Convention in the seven states and also the states' attitude toward the acceptance of new acceding states. It also describes other methods that have been used by these states to ensure that the Convention has wide application, including bilateral agreements with contracting and noncontracting states based on the Convention. Another chapter discusses the varying structure of Central Authorities, their personnel and resources, and the availability of information about the Authorities. This is followed by a chapter that discusses which courts and judges are empowered to hear Convention applications, as well as the issue of judicial training. A chapter then considers the initial processing of applications under the Convention, including their transmission to the relevant authority, procedures and agencies able to assist in locating children, and efforts to seek a voluntary return or amicable resolution of the issues. The concluding chapter addresses the judicial process in Convention applications, including legal representation, legal aid, and the court procedure itself. At the conclusion of each chapter, recommendations for good practice are offered.