NCJ Number
201313
Date Published
April 1999
Length
30 pages
Annotation
This document discusses international parental child abduction and the effectiveness of the Hague Convention on the Civil Aspects of the International Child Abduction.
Abstract
The Hague Convention was designed to address the fact that because every country has its own judicial system, there should be a uniform piece of legislation that would help recover abducted children, return them to their place of habitual residence, and ensure rights of custody and access are respected between contracting states. Fifty-four nations have signed the Hague Convention but the responses to abduction cases have been uneven. Whereas some countries abide by the terms, others do not. A number of problems have been identified with the Hague Convention. Some of these problems are a lack of systematic data on the operation of the Hague Convention; undue delay in reaching resolutions in cases; lack of adequate support for victim families; lack of public awareness; and lack of enforceability of access (visitation) rights. A proposed Action Agenda was formed by an International Forum composed of an unofficial group of more than 50 concerned experts from 11 different countries. This agenda included a global education and awareness campaign, creating a databank of Hague Court decisions, creating a training team and core curriculum for judges and the legal profession, and encouraging uniform application of exceptions identified in the Hague Convention. Governments should mandate training for all judges that may have to deal with abduction. Contracting states must adopt a tight schedule for handling Hague cases. Contracting states should put in place an effective enforcement system. The ability to locate children must be improved. All countries should take steps to establish a travel fund and a counseling and psychological treatment center for victim families. Judges and Central authorities need to safeguard the well being of children after their return. Access to non-custodial or left-behind parents should be improved. The final action item is to expand membership of the Hague Convention and improve relationships with non-convention countries. 11 endnotes