NCJ Number
123334
Journal
Stanford Journal of International Law Volume: 24 Issue: 1 Dated: (Fall 1987) Pages: 289-308
Date Published
1987
Length
20 pages
Annotation
After reviewing current U.S. assistance in international child abduction cases, this article describes the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), reviews the advantages and limitations of the Convention, and describes the status of the U.S. implementation of the Convention.
Abstract
Reports of children abducted from the United States are currently handled by the Bureau of Consular Affairs at the State Department. The Convention establishes automatic return of the kidnapped child to the preabduction custodial situation. The abductor is not allowed to contest the merits of the custody issue in the country to which the child has been abducted. Elimination of the need for a court custody order makes the Convention more comprehensive and allows the injured parent to initiate recovery proceedings faster and less expensively. The establishment of Central Authorities provides a procedural mechanism to assist parents in locating the child and dealing with the administrative and legal problems of returning the child. The Convention limitations include lack of retroactivity, a 1-year cutoff for automatic returns, and exceptions to the Convention. The United States is certain to pass legislation to implement the Convention. 109 footnotes.