The Hague Convention on the Civil Aspects of International Child Abduction: The Need for Mechanisms to Address Noncompliance

Abstract

International parental child abduction is a growing problem, the effects of which are devastating for both the children involved and the parents who are left behind. When a parent abducts a child across national borders, the Hague Convention on the Civil Aspects of International Child Abduction—an international treaty aimed at the expeditious return of the child to his or her country of habitual residence—provides the other parent’s primary legal recourse. This Note will examine the growing problem of international parental child abduction, including its prevalence and consequences, and the role of the Hague Convention in addressing this problem. Specifically, it will examine the issue of noncompliant Contracting States, the effects of that noncompliance, and the need for mechanisms to address noncompliance. Finally, this Note will examine two bills that have been proposed in the United States Congress that address the noncompliance issue and will argue that Congress should seriously consider one of these bills.