Each year, more than 200,000 children become victims of parental child
abduction, according to former Assistant Attorney General Laurie O. Robinson. The Hague Convention was put into place to handle international child abduction cases. We have gathered news articles related to parental child abduction.
“Grave Risk” Debated During COVID-19
The global outbreak of COVID-19 has caused major complications in determining whether a child’s return to their home country could be seen as a “grave risk” for the child as defined under Article 13(b) of the Hague Convention. It cannot be said that the return of a child during the COVID-19 pandemic constitutes a grave risk in all child abduction cases– but it will likely continue to be debated and could ultimately bring brand new meaning to the notion of “grave risk” under the Convention.
Return of Child Refused Due to Coronavirus Pandemic
In Ireland, the High Court has refused the return of a child in accordance to Hague Convention rules on the grounds that it would place the child in an intolerable situation. While the Justice found that the removal of the child to Ireland was a “wrongful removal”, it was also decided that the return of the child to Poland would prove a “grave risk” of exposure to physical and psychological harm. Required international travel during the coronavirus pandemic could expose the child to a grave risk of contracting the disease.
Pakistan Partners with United States Under Hague Convention
Pakistan has recently partnered with the United States under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Pakistan will now be able to use the Hague Convention as a vital tool to deter international abduction and secure the return of abducted children between the United States and Pakistan.
Defining Habitual Residence in the Hague Convention
by Amy Keating and Chris Reynolds
Article from Family Lawyer Magazine, Fall 2020
For more information on child abduction and the Hague Convention
Check out our blog post on Interstate and International Child Custody, https://www.austindivorceattorney.org/interstate-and-international-child-custody/.
- You can also find a current list of Hague Convention members https://www.hcch.net/en/states/hcch-members
- A Toolkit for the 1980 Child Abduction Convention in times of COVID-19 https://assets.hcch.net/docs/2aee3e82-8524-4450-8c9a-97b250b00749.pdf on their official website.
It is important to have someone on your side who is experienced in family law and its intricacies, especially with complex topics such as the Hague Convention. Kelly J. Capps has over 25 years of experience in family law, including interstate and international custody issues. To arrange a consultation with Kelly J. Capps of Capps Law Firm, PLLC, please call our Austin office at (512) 338-9800.
This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of international child abduction. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.