Good Practice Report on Enforcement Under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction

• NCJ Number: 235240
• Author(s): Nigel Lowe; Samanta Patterson; Katarina Horosova
• Date Published: 2007
• Length: 58 pages
• Grant Number(s): 2007-MC-CX-K001
• Sponsoring Agency: Office of Juvenile Justice and Delinquency Prevention (OJJDP); National Ctr for Missing and Exploited Children
• Corporate Author: Centre for International Family Law Studies
• Sale Source: National Ctr for Missing and Exploited Children
• Publication Format: Document
• Publication Type: Legislation/Policy Description; Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Empirical research was conducted in each of nine countries in order to develop detailed descriptions of how each country enforces return and access orders under the Hague Convention of October 25, 1980, on the Civil Aspects of International Child Abduction.

Abstract

The countries involved in the study were Australia, England and Wales, France, Germany, the Netherlands, Romania, Sweden, the United States of America, and Slovakia. For the purposes of the study, "enforcement" refers to enforcement in the context of a judicial order for return of or access to a child who has been abducted by one of the parents, who refuses either to return the child to the custodial parent or prevent the noncustodial parent from having access to the child. The 1980 Hague Convention does not have any express provisions that deal with enforcement of orders made under the Convention; however, the need for prompt enforcement of return orders is supported by the objectives of the Convention as well as the various provisions that require Contracting States to secure the prompt return of children. The system for enforcing return orders is different among the jurisdictions studied, although the practice and procedure in Australia, England and Wales, and the United States are generally comparable. The research also found that the enforcement measures available in each jurisdiction have usually been effective in successfully achieving an abducted child's return to the custodial parent. The majority of the countries have rarely needed to use the strongest of enforcement measures, such as contempt of court procedures, imprisonment, or police-assisted enforcement. Many of the principles of good practice outlined in this report are not limited to the enforcement process, but rather apply to the entire application process. Recommendations for improvement are offered.