You are here

International Law & Litigation

Displaying 31 - 40 of 108
Contains
Contains
Format: 2019
Greater than or equal to
April 7, 2016
James D. Garbolino, Peter J. Messitte, Henry Hand

Judge James Garbolino explains the role of the Central Authority, an entity that each country that is a signatory to the 1980 Convention must designate to assist in the administration of the Convention. In the United States, the Central Authority is the U.S. State Department. Within the State Department, the Office of Children’s Issues is responsible for handling child abduction cases.

April 7, 2016
James D. Garbolino, Marcia S. Krieger, Hiram Puig-Lugo

Streaming Content

April 7, 2016
James D. Garbolino, Marcia S. Krieger

This is one of several 1980 Hague Convention on International Child Abduction video tutorials.

This video is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.​

March 28, 2016
James D. Garbolino

This brief article describes the impact of the 2003 enactment of the Brussels II bis Regulation, under which courts in the European Union became bound by a separate and additional set of laws governing Hague return cases. Besides adopting procedures for handling cases under the 1980 Convention, Brussels II bis covers a broad range of child-related family law issues, including conflict of law and exercise of jurisdiction. The adoption of Brussels II bis has no direct impact on U.S.

Downloadable file:
PDF icon Download 7 pages
March 28, 2016
James D. Garbolino

This article describes the use of undertakings in 1980 Hague Convention cases. Undertakings are official promises, concessions, or agreements given to a court. They are typically given in Hague Convention cases by the parent who has petitioned for the child’s return. 

This document is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.

Downloadable file:
PDF icon Download 12 pages
March 23, 2016

This 2001 report presents the findings and recommendations from the Fourth Special Commission, which studied the operation and efficacy of the Convention. 

This document is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.

March 23, 2016

ICARA is the federal law that implements the Hague Convention. Pursuant to ICARA (22 U.S.C. §§ 9001–9011), both state and federal courts have original concurrent jurisdiction to hear cases arising under the Convention. ICARA also sets forth the structure for hearing return cases, burdens of proof applicable to the case for return and defenses, relaxed rules for admissibility of documents, and establishes guidelines for the award of fees and costs.

March 23, 2016

The Brussels II bis Regulation binds courts in countries of the European Union to a separate and additional set of laws governing Hague return cases. Brussels II bis does not replace the 1980 Convention in EU countries, but it provides for additional rules applicable to Hague cases. With the exception of Denmark, the Regulation is effective between all EU member states. The Regulation entered into force on August 1, 2004, and became applicable March 1, 2005.

March 23, 2016

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a treaty that governs proceedings for the prompt return of children who have been wrongfully taken or kept away from their “habitual residence.” The Convention entered into force in the United States in 1988. 

This document is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.

Downloadable file:
March 23, 2016

The Act was signed by President Obama on August 8, 2014. Public Law No. 113-150. The Goldman Act principally seeks to facilitate the return of children from both Hague Convention and non-Convention countries. 

This document is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.

Pages

Subscribe to International Law & Litigation