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International Child Abduction Laws and Information
  

Summary of the Basic Rules for the Granting of a Petition for Return of a Wrongfully Removed Child under the Hague Convention on the Civil Aspects of International Child Abduction

Articles Published in The New York Family Law Monthly 

Interpreting and Applying the Hague Convention, Part One of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes             
Interpreting and Applying the Hague Convention, Rights of Custody Defined, Part Two of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes              
Interpreting and Applying the Hague Convention, Defenses to Return, Part Three of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes  


​
"International Child Abduction",  New York Law Journal
"Passport Clauses in Custody Agreements", New York Law Journal
 "The Hague Convention's Psychological Harm Defense", New York Law Journal

"Habitual Residence Under the Hague Convention", New York Law Journal
Department of State, Child Abduction Website
Department of State, Child Abduction, Specific Country Information
Department of State, Abductions to US, Incoming Hague Cases
Department of State, Abductions from the US, Using the Hague Convention
Department of State, Emergency Telephone Number for Abductions in Progress

National Center for Missing & Exploited Children

 
Hague Child Abduction Convention

Hague Convention on the Civil Aspects of International Child Abduction
Treaty provides a provides a legal framework for securing the prompt return of wrongfully removed or retained children to the country of their habitual residence where a competent court can make decisions on issues of custody and the child’s “best interests” and to secure protection of access rights.
 
Explanatory Report
Known as the “Perez-Vera Report,” this commentary explains the legislative history and intended meaning of the Convention’s articles.   
 
Legal Analysis
Department of State’s legal analysis of the Hague Abduction Convention. 51 Federal Register 10494 et seq.
 
International Child Abduction Remedies Act (ICARA)
Establishes procedures for bringing Hague Abduction Convention cases in United States courts, and authorizes the U.S. Central Authority to access federal databases to locate abducted children, among other provisions. 22 U.S.C. § 9001 et seq. (formerly 42 U.S.C. § 11601 et seq.) 
 
International Child Abduction Prevention and Return Act (ICAPRA), 22 U.S.C. § § 9101 - 9141 
The International Child Abduction Prevention and Return Act (ICAPRA). President Obama signed into law H.R. 3212, ICAPRA, on August 8, 2014. The overall goals of ICAPRA are to return abducted children as expeditiously as possible, to prevent new abductions, and to strengthen and expand the Hague Abduction Convention worldwide. For information about Title III, Prevention of International Child Abduction, click here.
 
Hague Convention Annual Country Compliance Report for Congress
 
U.S. and Countries that are Treaty Partners under the Hague Abduction Convention  
Attorneys Guide to Litigating International Child Abductions Cases in the United States (2012)
The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges Second Edition (2015). Federal Judicial Center, Hon. James D. Garbolino, 
 Incadat Data Base of International Child Abduction Case Law 
 
Hague Convention Application forms
 
Hague Application – English
Hague Application – Spanish
Application Instructions
Sample Article 28 Statement
 
Criminal Laws
 
Fugitive Felon Act (Unlawful Flight to Avoid Prosecution, “UFAP”), 18 U.S.C. 1073
When a person accused under state law of felony parental kidnapping flees the jurisdiction, local and state prosecutors may seek a federal “UFAP” warrant, pursuant to which the FBI may investigate.  The fugitive, once arrested, is prosecuted under state law upon return to that jurisdiction.  
 
International Parental Kidnapping Crime Act of 1993, 18 U.S.C. 1204  
It is a federal felony to remove a child younger than 16 from the United States, or attempt to do so, or retain a child outside the United States with the intent to obstruct the lawful exercise of parental rights.  Parental rights are broadly defined and do not depend upon a court order.  The act provides affirmative defenses.  The Act states Congress’ intention that Hague Convention remedies be pursued where available. 
 
Extradition Treaties Interpretation Act of 1998, 18 U.S.C. 3181
This federal statute authorizes the U.S. to interpret “kidnapping” in “list” treaties to include parental kidnapping.   
Missing Children Laws
 
42 U.S.C. 653, 654, 663, Parental Kidnapping Prevention Act of 1980 
This federal statute allows “authorized persons” to obtain address information from the Federal Parent Locator Service in connection with the enforcement or determination of child custody/visitation, and in cases of parental kidnapping. 
Missing Children’s Act, 42 U.S.C. 5771
Requires law enforcement to enter complete descriptions of missing children into NCIC, even if the abductor has not been charged with a crime
National Child Search Assistance Act, 42 U.S.C. 5779-5780
This federal law requires each Federal, State, and local law enforcement agency to enter information about missing children younger than age 21 into the FBI’s National Crime Information Center (NCIC) database within two hours of receiving a missing-person report. 
 
Passport issuance
U.S. law requires both parents to consent to the issuance of U.S. passports for children under the age of 16, unless the applying parent is the sole parent, or unless there are serious concerns about the child’s welfare.  The child and at least one parent must generally appear in person to apply for the child’s U.S. passport.
 
(Two Parent Consent Law), (, 22 U.S.C. § 213, et seq., 22 C.F.R., Parts 50, 51 [H2] ) CFR 51.28
CFR 51.28
Passport Requirements for Minors under 16
Children’s Passport Issuance Alert Program
Fact Sheet on Passports for Family Law Judges and Lawyers
 

  

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  • Home
  • Recent Decisions
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  • Appeals to the Appellate Divison
    • Instructions for taking an Appeal to the Appellate Division
    • Who is served with the notice of appeal?
    • Registration and Consent to Efiling by Respondents Within 20 days of being served the notification of docket number
    • Preserving the Right to Appeal
    • Appellate Division is Single Statewide Court
    • Appeals to the Appellate Division as of Right from the Supreme Court
    • Permissible Appellant—“Aggrieved party” and Mootness doctrine
    • Permissible Appellant - Appealable Judgment or Order
    • Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
    • Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
    • Appeals : Fundamental and Harmless Error
    • Appeals : Matrimonial Presumptions and the Burden of Proof
    • Appeals : Stare Decisis, Precedent and Dicta
    • Appeals : Understanding the Support Magistrate Objection Process
    • Appeals to the Appellate Division from Family Court
    • Perfecting the Appeal to the Appellate Division - Methods
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    • Method of Settlement of the Transcript
    • Appeals to Appellate Division from Supreme Court by permission
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    • ​Form of Briefs and Appendices - CPLR
    • What must be in the Reproduced Full Record
    • What is the Judgment-roll?
    • What must be in the Appendix.
    • What must be in Briefs
    • Time, number and manner of filing of records, appendices and briefs
    • Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
    • Extension of time to perfect appeal
    • Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
    • First Department Requirement of note of issue
    • Stay of Enforcement of Order or Judgment Pending Appeal
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    • Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
    • Mandatory Electronic filing (e-filing): First Department
    • Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters - June 1, 2020
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  • Court of Appeals Rules of Practice
  • How to take an Appeal to the Court of Appeals
  • I. Appeals as of Right
  • II. Motions for Leave to Appeal
  • III. Guidelines for Preparing a Motion for Leave to AppeaNew Page
  • IV. Rule 500.11 Review Aternate Procedure for Selected Appeals
  • V. Appealability and Reviewability
  • VI. What is a Final Determination
  • VII. The "Necessarily Affects" Requirement
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  • New York Divorce Law
    • Agreements Before & During Marriage
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    • Counsel Fee Awards
    • Enforcement of Judgments & Orders
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    • Equitable Distribution Decisions Chart
    • Exclusive Occupancy of Marital Home
    • Grounds for Divorce
    • Maintenance Awards until 2016
    • Maintenance Awards after January 22, 2016
    • Modification of Maintenance and Child Support Orders and Judgments
    • Orders of Protection
    • Special Relief - Insurance
    • Spousal Support Awards
    • Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
    • Timetable For Service of Motion Papers
    • Uniform Child Custody Jurisdiction & Enforcement Act
  • Additional Articles and Information about New York Divorce & Family Law
    • Adoption Information
    • Antenuptial and Post Nuptial Agreements
    • Child Abuse & Prevention
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    • Child Support
    • Common Law Marriage
    • Child Visitation Supervisors
    • Degrees & Licenses
    • Domestic Violence
    • Emergency Court Applications
    • Engagement gifts
    • Evidence Law
    • Family Court Proceedings
    • Federal Law Divorce Resources (Pension and Social Security)
    • Frequently Asked Questions
    • Grandparent and Non-Parent Visitation
    • Grounds for Divorce
    • Legal Fees, Liens & Sanctions
    • Litigation & Procedure
    • Maintenance and Child Support New York Court System Tools
    • Maintenance, Special Relief & Spousal Support
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    • New York Motion Practice
    • Professional Conduct
    • Retirement Benefits
    • Questions about Income Tax
    • Right to Counsel in Matrimonial Action
    • Role of the Attorney for the Child
    • Valuation Aids
  • ​New York Court System Links for Lawyers
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  • Family Court Official Forms
  • International Child Abduction Remedies
    • International Child Abduction
    • Hague International Child Abduction Convention cases from 2011 to date.
    • Hague international Child Abduction Table of Reported and Unreported Cases from 1988 until 2010
  • Site Map of The Law Firm of Joel R. Brandes PC website
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    • Consultation Fee Payment
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