NCJ Number
79501
Journal
Family Law Quarterly Volume: 14 Issue: 2 Dated: (Summer 1980) Pages: 99-120
Date Published
1980
Length
22 pages
Annotation
The background and substance of the 1979 Hague Draft Convention on International Child Abduction are discussed.
Abstract
In recent years, child abductions, principally by divorced or divorcing parents, have become a worldwide problem. In November, 1979, a special commission of the Hague Conference on Private International Law completed a preliminary draft of a convention to curb international child snatching. Delegations from the United States and 22 other nations worked to produce the draft, and member governments of the Hague Conference are now studying the draft and preparing recommendations for revisions. The draft does not attempt to set rules of recognition and enforcement of foreign custody decisions. It simply calls for prompt restoration of a custody situation as it existed before the child's abduction. The draft is based on the premise that only after the child's return, may custody be determined on the merits in the state of origin. Administrative cooperation would take place through central authorities established in each contracting state to aid aggrieved persons in making the contacts abroad necessary to find and gain the return of abducted children. The draft has a statute of limitations that puts courts under no obligation to order the return of a kidnapped child if the petition is filed later than 6 months after the date of taking or retaining the child. Exceptions to the return requirement are (1) when the abductor proves that the applicant was not exercising custody rights at the time of the alleged breach or was not acting in good faith, (2) when there is substantial risk that the return would expose the child to physical or psychological harm, and (3) when the child has attained an age of maturity where his/her views should be considered and he/she does not want to be returned. The text of the draft is appended, and 55 footnotes are listed.