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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.

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. 

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. 

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.

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.

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.

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.  

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;

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.

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

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