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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.​

April 7, 2016
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.

April 7, 2016
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.

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.

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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.

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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.

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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.

March 23, 2016

The Pérez-Vera Report is the product of the official reporter for the 1980 sessions of the Hague Conference that led to the approval of the Convention. The report is recognized as the official history and commentary to the Hague Convention and is a “source of the background on the meaning of the provisions of the Convention.” U.S. courts routinely cite to this report for guidance on interpreting the treaty.

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March 23, 2016

The Text & Legal Analysis is a document that was prepared by the U.S. State Department for the U.S. Senate as part of the ratification process for the Convention. It is valuable as an interpretative tool and is frequently cited.

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

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