Not Without my Children: The Need for the Modification of International Child Abduction Laws

Thousands of children are being abducted from the United States to countries abroad yearly. As a result, thousands of parents’ rights are being violated. With the convenience of social media, easy access to plane tickets, and touch‐ screen phones that connect people with each other across the world, it is not unusual for Americans to engage in relationships abroad. As these international relationships become more common, so do cases of international child abduction. The only existing international law that addresses international child abductions is the Hague Convention on the Civil Aspects of International Child Abduction. Countries are only bound to the Hague Convention's provisions if they are signatories to the treaty. However, even then, treaty enforcement relies heavily on the cooperation of the international community. This cooperation is limited by the diverse political systems and religious beliefs of the countries across the globe. Further, there are many loopholes within this treaty that can allow a parent, guardian, or other family member to avoid prosecution for the crime of internationally abducting a child. For these reasons, this Note proposes that Congress enact a statute that contains stricter exit controls for children whose parent wishes to travel outside of the United States with them. These measures and precautions would prevent child abductions from reaching the international level where U.S. parents then find themselves practically helpless.