Alison M. Smith
Legislative Attorney
International child custody disputes are likely to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Since 1988, the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention” or “Convention”) has been the principal mechanism for enforcing the return of abducted children to the United States. While the treaty authorizes the prompt return of the abducted child, it does not impose criminal sanctions on the abducting parent. Congress, to reinforce the Hague Convention, adopted the International Parental Kidnapping Crime Act of 1993 (the “Act”) to impose criminal punishment on parents who wrongfully remove or retain a child outside U.S. borders.
However, the Hague Convention is not always applicable in such cases. Signatory nations do not have to automatically return a child to his or her place of habitual residence, as discretionary exceptions exist that enable the child to remain with the removing parent. Also, procedures and remedies available under the Convention differ depending on the parental rights infringed. Courts must determine whether a particular order confers a right of custody or a lesser right of access. For example, federal courts disagreed on what type of right a ne exeat, or “no exit,” order granting one parent the right to veto another parent’s decision to remove their child from his home country confers. The U.S. Supreme Court resolved the circuit split by finding that such an order confers a right of custody, thus triggering enforceability under the Convention. However, it is important to note that this decision was limited to ne exeat orders. As such, courts will have to address which side of the access-custody line any other arrangements may fall.
This report will discuss the applicability of the Hague Convention and current U.S. laws, both civil and criminal, which seek to address the quandary of children abducted by parents to foreign nations. In addition, pending legislation, including H.R. 3240 and H.R. 3487, is discussed.
Date of Report: November 22, 2010
Number of Pages: 11
Order Number: R4S21261
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
International child custody disputes are likely to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Since 1988, the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention” or “Convention”) has been the principal mechanism for enforcing the return of abducted children to the United States. While the treaty authorizes the prompt return of the abducted child, it does not impose criminal sanctions on the abducting parent. Congress, to reinforce the Hague Convention, adopted the International Parental Kidnapping Crime Act of 1993 (the “Act”) to impose criminal punishment on parents who wrongfully remove or retain a child outside U.S. borders.
However, the Hague Convention is not always applicable in such cases. Signatory nations do not have to automatically return a child to his or her place of habitual residence, as discretionary exceptions exist that enable the child to remain with the removing parent. Also, procedures and remedies available under the Convention differ depending on the parental rights infringed. Courts must determine whether a particular order confers a right of custody or a lesser right of access. For example, federal courts disagreed on what type of right a ne exeat, or “no exit,” order granting one parent the right to veto another parent’s decision to remove their child from his home country confers. The U.S. Supreme Court resolved the circuit split by finding that such an order confers a right of custody, thus triggering enforceability under the Convention. However, it is important to note that this decision was limited to ne exeat orders. As such, courts will have to address which side of the access-custody line any other arrangements may fall.
This report will discuss the applicability of the Hague Convention and current U.S. laws, both civil and criminal, which seek to address the quandary of children abducted by parents to foreign nations. In addition, pending legislation, including H.R. 3240 and H.R. 3487, is discussed.
Date of Report: November 22, 2010
Number of Pages: 11
Order Number: R4S21261
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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