Office of Children's Issues
"The Office of Children's Issues formulates, develops, and
coordinates policies and programs and provides direction to foreign
service posts on international parental child abduction. It fulfills
U.S. treaty obligations relating to the abduction of children".
This is the office within the U.S. Department of State that acts
as the Central Authority. This site will allow you to better
understand the role of Children's Issues as it relates to international
child abduction.
Application
for Assistance Under the Hague Convention
Acquiescence
and Consent: By. Jeremy D. Morley. It is a defense to a
claim of wrongful removal or retention of a child under the Hague
Convention on the Civil Aspects of International Child Abduction
that
the petitioner had consented to or subsequently acquiesced in
the
removal or retention.
Bill
Hilton's Web Site Dealing with the Hague Convention: Bill
Hilton is an attorney from California who specializes in cases
dealing with the Hague Convention on the Civil Aspects of International
Child Abduction. This is by far the largest and best site we
have found that deals with the Hague Treaty. There are papers,
case laws, reports and much more. This is a great site for attorneys.
Brussels
II (Article)
Brussels
II
Child Abduction Home Page of the Hague Conference
on Private International law
This is a direct link to
the section of the Hague Conference of Private International
Law that deals with child abduction. There is a good section
of links to related websites in different countries. You can
also download a copy of the "full status" of the Convention
on child abduction. You may also get a copy of the Convention
as well as a copy of the Perez-Vera report, which explains the
convention in depth. (The Treaty and Perez-Vera report are also
available below).
The
Common Law Conference on International Custody: Judges representing
six delegations...proposed the following "Best Practices"
to improve operation of the Hague Convention.
Conclusions
and Recommendations: of the fourth meeting of the Special
Commission TO REVIEW THE OPERATION OF THE HAGUE CONVENTION OF
25 OCTOBER 1980 ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION:
you can access information on all four Special Commissions, October
1989, January 1993, March 1997 and March 2001.
Countries
who give legal assistance to left behind parent (Coming Soon)
Countries
who have signed the Hague Treaty: United States Department listing
The
Epidemic of Parental Child-Snatching: An Overview: Attempts
to Prevent Parental Child Abduction, Applicable United States
laws, and the Hague Convention, By Hon. William Rigler. "This
article analyzes several facets of the tragedy of child-snatching:
ways to curb it, applicable legislation, and judicial responses."
Executive
Summary: Common law Judicial Conference on International Child
Custody: A Report on the Conference. The delegations "exchanged
information and opinions about how courts are, and should be,
handling international abduction cases, and in particular cases
involving the Child Abduction Convention" (Hague).
From
the Law Library of Congress to the Senate Foreign Relations Committee
on the Operation of the Hague Convention in Other Countries.
Hague Convention on International Child Abduction, applicable
Law and International Framework within Certain Convention Countries.
A report on the operation of the Hague Convention in other countries
for the Committee On foreign Relations, United States Senate,
By the Law Library of Congress for the 106th Congress, Second
session, October 2000.
Good
Practice In Handling Hague Abduction Convention Return Applications:
We are pleased to present our recently published guide to good
practice under the Hague Convention on the Civil Aspects of International
Child Abduction ("the Convention"). The guide discusses
good practice in all aspects of implementation and operation
of the Convention.
English | German | Spanish | French
Guide
to Good Practice: Child Abduction Convention-Part I Central Authority
Practice- 2003
Guide
to Good Practice: Child Abduction Convention-Part II Implementing
Measures-2003
Habitual
Residence: By. Jeremy D. Morley. Every case that is brought
pursuant to the Hague Convention on the Civil Aspects of International
Child Abduction requires a determination of the habitual residence
of
the child in question. The concept of habitual residence is key
to the
operation of all aspects of the Convention -- and yet it is not
a term
that is defined in the Convention itself.
Hague
Conference on Private International law "The Hague Conference
of Private International Law is an intergovernmental organization
that works for the progressive unification of the rules of private
international law. The principal method used to achieve this
purpose consists in the negotiation and drafting of multilateral
treaties (conventions) in the different fields of private international
law." (Included is the "status and protection of children
and relations between spouses")
The Hague Convention on the Civil Aspects
of International Child Abduction
(In English) You can download
a copy of the Hague Treaty in English, German or French (a copy
of the treaty in Spanish can be found on the Child Abduction
Home Page above).
How
Judges Can Support the Operation of the Child Abduction Convention:
By the Rt Hon Lord Justice Thorpe, given at the Common Law Judicial
Conference, September 17-21, 2000, Washington, D.C.
International
Child Abduction Data Base (INCADAT): (INCADAT) This site
was established by the "Permanent Bureau of the Hague Conference
on Private International law with the object of making accessible
many of the leading judicial decisions made by national courts
around the world in respect of the Hague Convention of 25 October
1980 on the Civil Aspects of International Child Abduction. This
is a great site for Judges, lawyers, Central Authorities, researchers
and the media. Also a great site for Non-profits and NGO's that
work in the field of missing and abducted children.
International
Child Abduction Remedies Act:
(ICARA) Public Law 100-300: This is the law that implements the
Hague Treaty into U.S. law. The Treaty and ICARA are meant to
be used together, one does not supercede the other.
International
Child Custody: A Common Law Judicial Conference, September
18-21, 2000. Issues surrounding a safe return of the child. By
the Delegation from the Commonwealth of Australia.
Law Library of Congress REPORT FOR CONGRESS
on the Hague Countries.
Click on any country to read the chapter relating to that country.
THE
LIMITATIONS ON ARTICLE 13(b) By William M. Hilton. (1997)
"Despite the general trend both in the United States and
in the other nations that have become "contracting States"
to the Convention, there are still instances when efforts will
be made to thwart the laudable goal of the prompt return of the
child to his or her habitual residence". This blocking is
usually attempted by resorting to Art. 13(b) of The Convention".
National
Report of the United States of America For the Common Law
Judicial Conference on International Child Custody, Washington,
D.C. September 17-21, 2000. Organization of the Courts of the
United States of America
Perez Report
Explanatory Report drawn up by Ms. E Perez Vera.
Report
and Conclusions of the Special Commission Concerning the Hague
Convention of 25 October 1980 on the Civil Aspects of International
Child Abduction- 27 September – 1 October 2002
Report
for Congress June 2004, Hague Convention on International Child
Abduction, An Analasys of the Applicable Law and Institutional
Framework of 51 Jurisdictions and the European Law.
Reports on Compliance with the Hague Abduction Convention
Each year, the Department of State Office of Children's Issues is required under Public Law 105-277, Section 2803 to submit to Congress a report on compliance by treaty partner countries with the 1980 Hague Convention on the Civil Aspects of International Parental Child Abduction (Hague Abduction Convention).
Text
of the Hague Convention: On the Civil Aspects of International
Child Abduction.
Translations
of the Child Abduction Convention
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Copy in German