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The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges, Second Edition [SUPERSEDED]

James D. Garbolino
December 15, 2015

This edition has been superseded by the third edition: The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges, Third Edition.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a treaty that governs judicial proceedings that are brought seeking orders for the prompt physical return of children who have been wrongfully taken or kept away from their "habitual residence." The treaty is in force between the United States and seventy-three other countries. State and federal courts have original concurrent jurisdiction to hear cases under the 1980 Convention. This guide discusses the purposes behind the adoption of the Convention along with a detailed explanation of its key provisions.  The second edition focuses on both federal and state case law interpreting the Convention and federal statutes that govern the handling of the cases in both state and federal courts. The guide offers practical suggestions for judges handling litigation under the Convention.