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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.

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.

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.

Downloadable file:
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 16, 2016

This document contains sample provisions for various orders relating to Hague Conventions cases.

Judge James Garbolino has prepared the attached sample order for this website. The sample order does not represent official policy or recommendations of the Federal Judicial Center.

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

Downloadable files:
March 16, 2016

This order is a “bare bones” form, providing that a child be returned to his or her habitual residence in the company of either the mother or the father.  

Judge James Garbolino has prepared the attached sample order for this website. The sample order does not represent official policy or recommendations of the Federal Judicial Center.

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

Downloadable files:
March 15, 2016

This is an order with undertakings relating to:

     (a) custody arrangements between the parties upon return of the children;

     (b) enrollment of children in school upon return;

     (c) non-removal of children from a specified general area;

     (d) not pursuing criminal charges relating to the abduction of the children; and

     (e) details of how the children will be escorted back to their habitual residence.  

March 15, 2016

This form is for a consent order of return.  It sets forth precise dates and times for the child to be transported back to the habitual residence along with standard boilerplate provisions directing law enforcement’s assistance in enforcing the order.

Judge James Garbolino has prepared the attached sample order for this website. The sample order does not represent official policy or recommendations of the Federal Judicial Center.

March 15, 2016

This form is a Safe Harbor Order.  It is designed to detail the conditions that will exist in the habitual residence upon the child’s return. 

This order presumes

     (1) the parties are agreeable to the conditions of return, and

     (2) will obtain an order from the appropriate court in the habitual residence that accepts the parties agreement and will order them to comply with it. 

Downloadable files:

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