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Chapter 10: International Child Custody and Abduction Cases
Publication year - 1997
Publication title -
juvenile and family court journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.155
H-Index - 19
eISSN - 1755-6988
pISSN - 0161-7109
DOI - 10.1111/j.1755-6988.1997.tb01851.x
Subject(s) - convention , notice , law , enforcement , political science , state (computer science) , child custody , order (exchange) , psychology , business , finance , algorithm , computer science
Summary This chapter will familiarize judges in the U.S. with the state and federal law applicable to international child custody, visitation and abduction disputes. These laws are UCCJA s̃ 23, the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), and the International Child Abduction Remedies Act (ICARA). When a custody order from a foreign country is presented for recognition and enforcement, UCCJA § 23 controls. If notice and opportunity to be heard were given to all affected persons, state courts are to enforce foreign custody decrees. When a petition is filed seeking the prompt return of a child to another country based on allegations that the child's removal or retention was wrongful, the Hague Convention and ICARA govern. If the child's removal or retention is wrongful within the meaning of the Convention, and no exceptions to return are proved, a court in the U.S. must order the child's return forthwith. A return order is not a decision on the merits of custody.