Judge Jeremy Fogel, director of the Federal Judicial Center, and Judge James Garbolino discuss the resources available on this Special Topic Webpage and briefly outline the elements of a Hague Convention case.
This is one of several 1980 Hague Convention on International Child Abduction video tutorials.
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.
James D. Garbolino, Marcia S. Krieger, Peter J. Messitte
Judge James Garbolino, Judge Marcia Krieger (D. Colo.), and Judge Peter Messitte (D. Md.) discuss the five defenses to an action for return of a child. These five defenses are narrowly defined and require specific standards of proof.
James D. Garbolino, Peter J. Messitte, Catherine Hollenberg Serrette
Judge James Garbolino, Judge Catherine Serrette, and Judge Peter Messitte cover the basic elements of a Hague Convention case, including the specific requirements of the Convention, the most common defenses and their applicable standards of proof, available sources of law, and the Central Authority. The U.S. Central Authority is the U.S. State Department.
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.
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.