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International Law & Litigation

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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.

March 23, 2016

This report presents the findings and recommendations of the Special Commission, which studied the implementation, 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

This report, published in March 2003, presents the findings of the 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

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.

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