Print- The Hague Convention on the Civil Aspects of International Child Abduction (hereinafter known as the “The Hague Convention”) governs international child abduction disputes between residents of The Hague Convention’s Contracting States. Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980. The Hague Convention articulates guidelines to quickly return wrongfully removed children held in any Contracting State and ensure international comity regarding custody determinations. Chapter I, Article I. Pursuant to the U.S. Constitution’s Supremacy Clause, The Hague Convention trumps the application of common law international comity and litigation principles explained above.
- “Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child’s habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.” Chapter III, Article 8.
- The U.S. has ratified The Hague Convention. See International Child Abduction Remedies Act, 42 U.S.C. §11601-11610 (Hague Convention’s enabling legislation).
Ch. 5 U.S. Court Abstention in Deference to Non-U.S. Proceedings
LOUIS M. SOLOMON,
COURTNEY TAYLOR*
IV. The Special Case of International Child Abduction
* Not Yet Admitted