Resolving International Parental Child Abductions To Non Hague Convention Countries

Resolving international parental child abductions to non-Hague Convention countries : hearing before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations of the Committee on Foreign Affairs, House of Representatives, One Hundred Thirteenth Congress, first session, May 9, 2013.

Every year, hundreds of children in the United States are victims of international parental kidnapping- a child's wrongful removal from the United States, or wrongful retention in another country, by a parent or other family member. Parents and other family members left behind may be overwhelmed by feelings of loss, anguish, despair, and anger-as well as confusion and uncertainty about what can be done in response.In December 1999, the Office of Juvenile Justice and Delinquency Prevention invited a small group of left-behind and searching parents to participate in a planning and development meeting. Each one had experienced first hand the heartbreak of having a child abducted to another country or wrongfully retained abroad. Some of them had recovered their children, while others had not. They willingly shared their knowledge of international parental kidnapping-gained at tremendous personal cost- to help other parents of abducted children understand what can be done to: * Prevent an international parental kidnapping.* Stop a kidnapping in progress.* Locate a kidnapped or wrongfully retained child in another country.* Bring an abductor to justice.* Recover a kidnapped or wrongfully retained child from another country.* Reestablish access to a child in another country.This guide imparts the group's practical wisdom and the hope that other parents will not have to experience the confusion and discouragement these parents did when it was not clear what to do or whom to turn to when their children were kidnapped. The group offered its suggestions for preventing international kidnapping and gave detailed advice to maximize the chance that children who are kidnapped or wrongfully retained will be returned to this country.The guide provides descriptions and realistic assessments of the civil and criminal remedies available in international parental kidnapping cases. It explains applicable laws and identifies both the public and private resources that may be called on when an international abduction occurs or is threatened. It gives practical advice on overcoming frequently encountered obstacles so that parents can get the help they need. The guide prepares parents for the legal and emotional difficulties they may experience and shares coping and general legal strategies to help them achieve their individual goals, whether they involve recovering a child or reestablishing meaningful access to a child in another country.Despite the difficulties that may lie ahead and the disappointment some parents may experience, it is important not to become discouraged. Stay hopeful. Many things can be done to prevent or to resolve an international parental kidnapping. This guide will help you organize your response

Discusses parental abduction, child stealing, and serious custodial interference, which involves one parent's taking, detaining, or concealing the child from the parent who has custody or visitation rights.

International parental child abduction is the wrongful removal or retention of a child across national borders, without the consent of those with parental responsibility or court permission. It is generally contrary to the welfare of a child to be uprooted in such a manner, and thus it is in the interest of that child to be returned to the country of his or her habitual residence so that issues relating to custody or access can be resolved there. A Practical Guide to International Parental Child Abduction Law (England and Wales) provides a grounding on the law and practice in return proceedings, encompassing interactions between Hague Contracting States (including member States of the European Union) and non-Convention jurisdictions. Notwithstanding the UK's exit from the EU and the end of an era for EU instruments such as the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (now repealed by the 2019 Regulation), in this jurisdiction, the UK remains a part of an international framework of treaty obligations independent of EU Laws. Pursuant to the Child Abduction and Custody Act 1985, the 1980 Hague Convention on the Civil Aspects of International Child Abduction is the legal framework for addressing 'Convention' parental child abduction cases, and along with a number of domestic laws, the aim is to protect children from the harmful effects of child abduction across frontiers. It is hoped that the book will guide readers through key topics such as jurisdiction, procedure, applicable law, and enforcement, looking at these through the distinguishing lens of Convention versus non-Convention cases. The book will also explore salient issues around the voice of the child, objections to return, protective measures, other remedies available under the 1980 Hague convention, and mediation. ABOUT THE AUTHOR Dr Onyója Momoh is a recognised expert in the field of international family law, specialising in cross-border children proceedings. She was called to the Bar in 2010 (Gray's Inn) and is consistently ranked as a leading barrister in the Legal 500 UK for children law since 2017. Onyója undertook her LLM, Ph.D., and post-doctoral research (EU-funded POAM project) all in the area of international parental child abduction and the protection of children across international frontiers. Alongside practice, she teaches private international law (family law) at the University of Aberdeen and has published book chapters, peer-reviewed journal articles, prepared country and expert reports, as well as delivered training and lectures around the world. In recent years, Onyója has engaged in high level advisory and advocacy activities within Government ministries (with a particular interest in Nigeria, and sub-Saharan Africa), the judiciary, and charities abroad, as well as an invited expert presenting at forums such as the Hague Conference on Private International Law, the European Commission and the UK House of Lords Justice and Home Affairs Committee. CONTENTS Chapter One - Introduction Chapter Two - Child Abductions to and from England and Wales Chapter Three - The Operation of the 1980 Hague Convention Chapter Four - Preliminary Points under Article 3 Chapter Five - Pleading an Exception to Return Chapter Six - The Inherent Jurisdiction of the High Court Chapter Seven - Alternative Dispute Resolution Chapter Eight - Trans-frontier Contact Chapter Nine - Some Current Issues Chapter Ten - Concluding Remarks