Family Law Quarterly
Volume 48, No. 2 (Summer 2014)
Symposium on Hague Convention on the Civil Aspects of International Child Abduction
Table of Contents
Please note that pursuant to the ABA's copyright and reprint policies, these articles may not be disseminated without written permission.
Linda D. Elrod
The International Hague Judicial Network--A Progressing Work
Judith L. Kreeger
This article explains the history, development, and current status of the international network of judges to facilitate judicial communications concerning international child abduction cases under the Hague Convention. The primary role of the international network is to help judges who are deciding cases brought pursuant to the 1980 Convention to function effectively and expeditiously in their decision-making process.
The Hague Abduction Convention and the United States Supreme Court
Ann Laquer Estin
This article discusses three recent U.S. Supreme Court decisions reviewing federal circuit splits under the Hague Child Abduction Convention: Abbott, Chafin, and Lozano. The article explores the broad contours of the Court’s approach to the Convention and offers a perspective on how they may shed light on how the Court might one day resolve other questions that divide the federal courts of appeal under the Abduction Convention.
Russia's Accession to the Hague Convention on Civil Aspects of International Child Abduction 1980: New Challenges for Family Law and Practice
The article analyzes the changes that were made and those that should be made in Russian law in connection with Russia’s accession to the Hague Convention on Civil Aspects of International Child Abduction 1980. The main focus of the article is the correlation between some of the main Russian family law rules and the key concepts of the Hague Convention. Particularly, it discusses the issues that concern parental rights, place of residence, and the concept of parental custody, and the difficulties that may arise with regard to their interpretation under the Convention. The article also concerns some aspects of Russian divorce proceedings that may affect a cross-border parental dispute, as well as Russian legal rules of child relocation.
Korea's Accession to the Hague Child Abduction Convention
Kwang Hyun Suk
In December 2012, Korea acceded to the Hague Child Abduction Convention. Also in December 2012, The National Assembly of Korea enacted the Act Implementing the Hague Child Abduction Convention (ImpAct). This article explains the major contents and workings of the ImpAct and how it works in terms of legal basis and procedural rules for the return of abducted children to and form Korea.
Civil Aspects of International Child Abduction: Insight from Serbia
The Convention on the Civil Aspects of International Child Abduction 1980 was ratified in Yugoslavia in 1991. This article explains how the current Serbian draft legislation, entitled Civil Protection of Children from Wrongful Cross-Border Removal and Retention Act, seeks to implement the Hague Convention in light of Serbian law and practice governing cross-border removal and retention of children.
To Return or Not to Return: Hague Convention vs. Non-Convention Countries
This article explores some of the problems between Hague and non-Hague countries, like India. India has a population of more than 1.1 billion people, including about 30 million nonresident Indians living in 130 countries overseas, who by migrating to different jurisdictions have generated a new crop of spousal and family disputes. The author uses recent Indian cross-border removal cases to highlight the many problems that surface in countries that have not acceded to the Hague Convention. A case appendix is included.
International Parental Child Abduction and Mediation: An Overview
Nuria Gonzalez Martin
This article discusses the use of mediation in abduction cases, showing the usefulness of it in many situations while recognizing many challenges. The article reviews the operations of the Child Abduction Convention in the context of its Guide to Good Practice on Mediation and considers whether such a guide will promote mediation as a useful method for family conflict resolution in cases of international child abduction by one parent. The article also looks at current efforts to ensure parents the opportunity to elect voluntary mediation with a skilled international family mediator in resolving issues between the left-behind parent and the taking parent, and how best to use technology.
Japan Joins Hague Abduction Convention: England Returns Child
Linda D. Elrod
Japan implemented the Hague Convention on the Civil Aspects of International Child Abduction on April 1, 2014. This article explores the implementation in light of a recent abduction case, In re R (A Child), in which a British court ordered the return of a Japanese child from the United Kingdom, in acknowledging a breach of the father’s custody rights. Now that Japan has implemented the Hague Convention, the article suggests that other countries may be more willing to return children to Japan.
The Law Commission's Report on Matrimonial Property, Needs, and Agreements
Elizabeth Cooke & Spencer Clarke
The Law Commission is a nonpolitical, independent body set up by Parliament in 1965 to keep all the law of England and Wales under review and to recommend reform where it is needed. This article discusses the Commission’s report on Matrimonial Property, Needs and Agreements––three important areas of the law of financial provision on divorce. It places reform in its historical context, discussing the development of financial provision law in England and Wales and the growing recognition of nuptial agreements, culminating in the 2010 Supreme Court case of Radmacher v. Granatino. It summarizes the key policy points in the report, which include the recommendation that binding nuptial agreements be introduced, with important safeguards including that each party’s financial needs be met, and that guidance be developed for the courts and public on the meaning of financial needs in the divorce context. It concludes by explaining why the Report makes no recommendation on defining non-matrimonial property, and the Commission’s recommendation that the government consider whether it would be possible to produce numerical guideline figures for spousal support, similar to those developed in Canada.
Publication Date: September 2014