International Matrimonial Law - Child Custody - Parental Child Abduction

Parental Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction was concluded on 25 October 1980 and entered into force on 1 December 1983. Its goal is to provide that if a child is removed from his habitual residence and custodial status to another country, the child can be returned to the country of his habitual residence thus maintaining the custodial status quo prior to the removal.

One of the primary issues with this convention is the vagueness of the term “habitually resident.” Because the term is open to interpretation by national courts, the Convention is not necessarily applied uniformly amongst the Contracting States. For example, although a plain-text reading of the convention seems to support the notion that a child is habitually resident in the state he or she lived in prior to abduction, some courts have disagreed. For example, in the 2001 case of Mozes v. Mozes where the wife and children had travelled to the United States from Israel for a period of fifteen months with the consent of the father, during which time the wife obtained a divorce and temporary custody of the children in Los Angeles, the Ninth Circuit Court of Appeals ruled that habitual residence can change. It found that the United States had supplanted Israel as the children’s habitual residence, rejecting the father’s petition for return of the children under the convention.

Read more about this topic:  International Matrimonial Law, Child Custody

Other articles related to "parental child abduction, child abduction, child, parental":

Child Stealing - Parental Child Abduction - International Child Abduction
... International child abduction occurs when a parent, relative or acquaintance of a child leaves the country with the child or children in violation of a custody decree or visitation order ... cases which is over 600,000 a year consists of international child abduction is small in comparison to domestic cases, they are often the most difficult to resolve due to the involvement of ... Two-thirds of international parental abduction cases involve mothers who often allege domestic violence ...

Famous quotes containing the words abduction, parental and/or child:

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