United States Hague Abduction Convention Compliance Reports

Last updated

The Hague Convention on the Civil Aspects of International Child Abduction , commonly referred to as the Hague Abduction Convention, is a multilateral treaty developed by the Hague Conference on Private International Law. The treaty provides an expeditious method of returning a child taken illegally from one country to another. It was concluded on October 25, 1980 [1]

Contents

As the US State Department would not voluntarily inform relevant actors about non-compliance of foreign countries in adhering to the Convention, Congress enacted an annual reporting requirement obligating the State Department to publish a detailed annual report on the reliability and effectiveness of the Convention to protect and secure the return of abducted American children in foreign countries. It was hoped that the law would make available a unique and vitally important source of information to parents, courts, governments and attorneys worldwide. [2]

The Compliance Reports have been issued for each year since 1999 with years 2002 and 2003 combined in a single report. [3]

Initial reports were criticized for lack of information on what Congress sought. Over time the reporting of the US State Department improved until they began releasing a full accounting of the numbers of abductions reported to the State Department each year and the number of children recovered.

Congressional discord on reporting practices by the State Department

In April 1999, the US State Department, under congressional mandate, issued the 1999 Hague Compliance Report (1999 Report). Congress immediately, and harshly, criticized the State Department for violating nearly every paragraph of the law stating that State had violated their express intent in creating it. [2]

Congress imposed additional reporting requirements for the 2000 Hague Compliance Report (2000 Report) in section 202 of H.R. 3194, the Omnibus Appropriations Act of 2000 declaring that State's April 1999 Report on the Abduction Convention had failed to provide information consistent with the intent of Congress in having a full accounting of cases and countries in violation of the Hague Convention and a listing of countries which were non-compliant with the Convention. [2]

Before submission of the 2000 Report to Congress, the Chairman of the Committee on International Relations, Congressman Benjamin A. Gilman of New York, wrote Secretary of State Madeleine Albright to remind her that the 1999 Report had "engendered a high level of criticism because of shortcomings in meeting the intent of Congress in mandating this report" adding that the amended Hague compliance legislation "emphasized the aspects that are of most importance to the Congress, and to the American people, in addressing the many concerns we have heard on this subject from our citizens." In similar fashion, the Chair and Founder of the House Caucus on Missing and Exploited Children, Congressman Nick Lampson of Texas, also wrote Secretary Albright on September 15, 2000, to make it clear that "Congress takes this reporting requirement quite seriously" and express concern that "I have received word that the Department of State is considering submission of a 2000 report to Congress that I believe could be potentially more inaccurate and more incomplete with the statutory reporting requirements than the State Department's 1999 Report. Such a report would be unacceptable to Congress," and that, "I want to avoid any misunderstanding with the Department of State that might result in a deficient report and that would represent a step backward from the substantial efforts by Congress to improve compliance with the Hague Convention for the sake of American children and their parents, including major hearings by the Senate Foreign Relations (SFRC) and House International Relations Committees (HIRC), a unanimous Joint Resolution, statutory requirements to reform the Office of Children's Issues, the work of the Congressional Missing and Exploited Children's Caucus and individual senators and representatives, and a General Accounting Office investigation (showing very low return rates to the U.S. of abducted or retained American children)." [2]

In regards to the Hague compliance report specifically, Lampson declared to Secretary Albright "I sincerely regret the two-year struggle with the State Department over this reporting requirement. Congressional efforts in 1999 to clarify, broaden, and extend the reporting requirements were made substantially more difficult by State Department opposition. Nevertheless, the legislation was substantially amended in ways that should eliminate the Department's violations of many paragraphs of the reporting requirement last year." Ignoring Congressional leaders, the US State Department issued the 2000 report in early October of that year and was still in blatant violation of five of the seven paragraphs in the amended reporting law. [2]

2010 Compliance Report

2010 Report Cover Report on the Compliance with the Hague Convention on the Civil Aspects of International Child Abduction (2010 edition - front cover).jpg
2010 Report Cover

The 2010 report covers the period from October 1, 2008, through September 30, 2009 (Fiscal Year of 2009.) During this period the US State Department received 1,135 new requests for assistance in the return of 1,621 children to the United States from other countries. In addition State received 324 Convention applications involving 454 children abducted to the United States from Convention partners of the United States. [4]

Abductions between Hague Convention partners
OUTGOING CASESINCOMING CASES
Convention CountryNew Cases# of ChildrenNew Cases# of Children
Flag of Argentina.svg  Argentina 1011812
Flag of Australia (converted).svg  Australia 16291422
Flag of Austria.svg  Austria 4546
Flag of the Bahamas.svg  Bahamas 78712
Flag of Belgium (civil).svg  Belgium 2223
Flag of Belize.svg  Belize 5811
Flag of Bosnia and Herzegovina.svg  Bosnia-Herzegovina 1125
Flag of Brazil.svg  Brazil 243179
Flag of Bulgaria.svg  Bulgaria 6600
Flag of Canada (Pantone).svg  Canada 741042939
Flag of Chile.svg  Chile 4556
Flag of Colombia.svg  Colombia 23311010
Flag of Costa Rica.svg  Costa Rica 111335
Flag of Cyprus.svg  Cyprus 1200
Flag of the Czech Republic.svg  Czech Republic 3400
Flag of Denmark.svg  Denmark 1247
Flag of the Dominican Republic.svg  Dominican Republic 1621810
Flag of Ecuador.svg  Ecuador 182447
Flag of El Salvador.svg  El Salvador 131633
Flag of Estonia.svg  Estonia 2300
Flag of Finland.svg  Finland 1200
Flag of France.svg  France 9121215
Flag of Germany.svg  Germany 50711820
Flag of Greece.svg  Greece 5733
Flag of Guatemala.svg  Guatemala 71212
Flag of Honduras.svg  Honduras 182612
Flag of Hungary.svg  Hungary 3522
Flag of Iceland.svg  Iceland 1100
Flag of Ireland.svg  Ireland 1111
Flag of Israel.svg  Israel 141933
Flag of Italy.svg  Italy 91467
Flag of North Macedonia.svg  Macedonia 3411
Flag of Mexico.svg  Mexico 30947475120
Flag of the Netherlands.svg  Netherlands 47710
Flag of New Zealand.svg  New Zealand 7911
Flag of Norway.svg  Norway 5711
Flag of Panama.svg  Panama 101623
Flag of Peru.svg  Peru 101477
Flag of Poland.svg  Poland 141722
Flag of Portugal.svg  Portugal 2222
Flag of Romania.svg  Romania 2500
Flag of Slovakia.svg  Slovakia 2333
Flag of South Africa.svg  South Africa 1213711
Flag of Spain.svg  Spain 8967
Flag of Sweden.svg  Sweden 61057
Flag of Switzerland (Pantone).svg   Switzerland 68510
Flag of Turkey.svg  Turkey 4622
Flag of Ukraine.svg  Ukraine 2445
Flag of Uruguay.svg  Uruguay 3411
Flag of Venezuela.svg  Venezuela 101545
Totals8281194324488
Abductions Between non-Convention countries
OUTGOING CASES
Non-Convention Country# of New Cases# of Children
Flag of Algeria.svg  Algeria 11
Flag of Bangladesh.svg  Bangladesh 57
Flag of Barbados.svg  Barbados 33
Flag of Belarus.svg  Belarus 11
Flag of Bolivia.svg  Bolivia 33
Flag of Cambodia.svg  Cambodia 11
Flag of the People's Republic of China.svg  China 99
Flag of Egypt.svg  Egypt 1218
Flag of Ethiopia.svg  Ethiopia 33
Flag of Ghana.svg  Ghana 1217
Flag of Guinea.svg  Guinea 11
Flag of Guyana.svg  Guyana 33
Flag of Haiti.svg  Haiti 58
Flag of India.svg  India 3441
Flag of Iraq.svg  Iraq 58
Flag of Jamaica.svg  Jamaica 1620
Flag of Japan.svg  Japan 2334
Flag of Jordan.svg  Jordan 1223
Flag of Kenya.svg  Kenya 910
Flag of Lebanon.svg  Lebanon 68
Flag of Malaysia.svg  Malaysia 23
Flag of Morocco.svg  Morocco 78
Flag of the Netherlands Antilles (1986-2010).svg  Netherlands Antilles 12
Flag of Nicaragua.svg  Nicaragua 68
Flag of Nigeria.svg  Nigeria 914
Flag of Pakistan.svg  Pakistan 1424
Flag of the Philippines.svg  Philippines 2025
Flag of Russia.svg  Russia 1621
Flag of Saudi Arabia.svg  Saudi Arabia 512
Flag of Senegal.svg  Senegal 23
Flag of Sierra Leone.svg  Sierra Leone 44
Flag of Singapore.svg  Singapore 35
Flag of South Korea.svg  South Korea 67
Flag of Syria.svg  Syria 58
Flag of the Republic of China.svg  Taiwan 36
Flag of Thailand.svg  Thailand 44
Flag of The Gambia.svg  The Gambia 46
Flag of Trinidad and Tobago.svg  Trinidad and Tobago 914
Flag of Tunisia.svg  Tunisia 45
Flag of the United Arab Emirates.svg  United Arab Emirates 79
Flag of Palestine.svg  West Bank 13
Flag of Yemen.svg  Yemen 49
Flag of Zambia.svg  Zambia 11
Totals307427

The report also included a summary of the State's efforts to resolve 81 unresolved applications for the return of abducted American children under the Convention from 18 treaty partner countries that remained unresolved in spite of having been prior to April 1, 2008.

Countries with unresolved applications filed before April 1, 2008
Country# unresolved
Argentina 1
Austria 1
Bermuda 1
Brazil 7
Canada 1
Colombia 1
Czech Republic 1
Ecuador 1
France 1
Greece 1
Honduras 1
Israel 2
Mexico 53
New Zealand 1
Spain 1
Switzerland 3
Turkey 1
Venezuela 1

In a sharp departure from previous practice the State Department listed three countries as not compliant and only one country as "Demonstrating Patterns of Noncompliance," whereas, in the 2009 report, it listed seven countries in the latter category. Commenting on this "astonishing" occurrence, international family law authority Jeremy Morley noted

Does this mean that our treaty partners are becoming more compliant with the terms of the treaty? Or that the State Department is backing off from criticising other countries in this regard? I wish it were the former but suspect that it is the latter." [5]

The report itself did not explain or acknowledge this dramatic shift in the status of "Country Noncompliance Placement."

Countries Not Compliant
Brazil
Honduras
Mexico
Countries Demonstrating Patterns of Noncompliance
Bulgaria

2009 Compliance Report

2009 Report Cover Report on the Compliance with the Hague Convention on the Civil Aspects of International Child Abduction (2009 edition - front cover).jpg
2009 Report Cover

The 2009 report covers the period from October 1, 2007, through September 30, 2008 (Fiscal Year 2008.) During this period the United States Department of State was notified of 1,082 new outgoing IPCA cases involving 1,615 children. Of these, 776 were abductions to Convention partner countries. Additionally State received 344 Convention applications concerning abductions to the United States involving 484 children.

[6]

Top ten destinations for abducted American children in 2009
OUTGOING CASES
Convention Country# of New Cases# of Children
Mexico 316533
Canada 5783
United Kingdom 4152
Japan 3757
India 3545
Germany 3449
Dominican Republic 2539
Brazil 2125
Australia 1826
Colombia 1722

As in years 2007 and 2008 the report included Honduras as fully "Not Compliant" with a list of countries "Demonstrating Patterns of Noncompliance."

Countries Not Compliant
Honduras
Countries Demonstrating Patterns of Noncompliance
Brazil
Chile
Greece
Mexico
Slovakia
Switzerland
Venezuela

2008 Compliance Report

2008 Report Cover Report on the Compliance with the Hague Convention on the Civil Aspects of International Child Abduction (2008 edition - front cover).png
2008 Report Cover

[7]

Countries Not Compliant
Honduras
Countries Demonstrating Patterns of Noncompliance
Brazil
Bulgaria
Chile
Ecuador
Germany
Greece
Mexico
Poland
Venezuela

2007 Compliance Report

2007 Report Cover Report on the Compliance with the Hague Convention on the Civil Aspects of International Child Abduction (2007 edition - front cover).jpg
2007 Report Cover

[8]

Countries Not Compliant
Honduras
Countries Demonstrating Patterns of Noncompliance
Brazil
Bulgaria
Chile
Colombia
Germany
Greece
Mexico
Poland

2006 Compliance Report

[9]

Noncompliant Countries
Austria
Ecuador
Honduras
Mauritius
Venezuela
Countries Not Fully Compliant
Brazil
Chile
Colombia
Greece
Mexico
Panama
Turkey
Countries of Concern
Hungary
Poland
Romania
Spain
The Bahamas
Enforcement Problems
Germany
Israel
Poland
Sweden
Switzerland

2005 Compliance Report

[10]

Noncompliant Countries
Austria
Colombia
Ecuador
Honduras
Mauritius
Panama
Turkey
Countries Not Fully Compliant
Chile
Greece
Mexico
Countries of Concern
Hungary
Poland
Romania
Switzerland
The Bahamas
Enforcement Problems
France
Germany
Greece
Israel
Poland
Spain
Sweden
Switzerland

2004 Compliance Report

[11]

Noncompliant Countries
Austria
Colombia
Ecuador
Honduras
Mauritius
Mexico
Turkey
Countries Not Fully Compliant
Romania
Switzerland
Countries of Concern
Greece
Hungary
Israel
Panama
Poland
The Bahamas
Enforcement Problems
Germany
Israel
Poland
Spain
Sweden
Switzerland

2002 and 2003 Compliance Report

[12]

Noncompliant Countries
Austria
Honduras
Mauritius
Mexico
Panama
Countries Not Fully Compliant
Switzerland
Countries of Concern
The Bahamas
Colombia
Germany
Poland
Spain
Enforcement Problems
Germany
Israel
Spain
Switzerland

2001 Compliance Report

[13]

Noncompliant Countries
Austria
Honduras
Mauritius
Panama
Countries Not Fully Compliant
Mexico
Countries of Concern
The Bahamas
Colombia
Germany
Poland
Spain
Sweden
Switzerland

2000 Compliance Report

[14]

Noncompliant Countries
Austria
Honduras
Mauritius
Panama
Countries Not Fully Compliant
Germany
Mexico
Sweden
Countries of Concern
Colombia
Poland
Switzerland
Enforcement Problems
Canada
Germany
Israel
Spain
Switzerland

1999 Compliance Report

Noncompliant Countries [15]
Austria
Honduras
Mauritius
Mexico
Sweden

See also

Related Research Articles

Child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a guardian.

International adoption is a type of adoption in which an individual or couple residing in one country becomes the legal and permanent parent(s) of a child who is a national of another country. In general, prospective adoptive parents must meet the legal adoption requirements of their country of residence and those of the country whose nationality the child holds.

The Bureau of Consular Affairs (CA) is a bureau of the United States Department of State reporting to the under secretary of state for management. The mission of the Bureau is to administer laws, formulate regulations and implement policies relating to the broad range of consular services and immigration. As of 2021, the bureau is headed by the Assistant Secretary of State for Consular Affairs, Rena Bitter.

The National Center for Missing & Exploited Children (NCMEC) is a private, nonprofit organization established in 1984 by the United States Congress. In September 2013, the United States House of Representatives, United States Senate, and the President of the United States reauthorized the allocation of $40 million in funding for the organization as part of Missing Children's Assistance Reauthorization Act of 2013. The current chair of the organization is Jon Grosso of Kohl's. NCMEC handles cases of missing minors from infancy to young adults through age 20.

<span class="mw-page-title-main">Hague Convention on the Civil Aspects of International Child Abduction</span> 1980 multilateral treaty

The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty that provides an expeditious method to return a child who was wrongfully taken by a parent from one country to another country. In order for the Convention to apply, both countries must be Contracting States; i.e. both must have adopted the Convention.

<span class="mw-page-title-main">International child abduction in Japan</span>

International child abduction in Japan refers to the illegal international abduction or removal of children from their country of habitual residence by an acquaintance or family member to Japan or their retention in Japan in contravention to the law of another country. Most cases involve a Japanese parent taking their children to Japan in defiance of visitation or joint custody orders issued by Western courts. The issue is a growing problem as the number of international marriages increases. Parental abduction often has a particularly devastating effect on parents who may never see their children again.

Child laundering is a tactic used in illegal or fraudulent international adoptions. It may involve child trafficking and child acquisition through payment, deceit or force. The children may then be held in sham orphanages while formal adoption processes are used to send them to adoptive parents in another country.

<span class="mw-page-title-main">Ministry of Human Rights and Citizenship</span> Government ministry of Brazil

The Ministry of Human Rights and Citizenship, formerly the Ministry of Woman, Family and Human Rights (2019–2022) and Secretariat for Human Rights of the Presidency of the Republic (1997–2015) is an office attached to the Presidency of Brazil. Its purpose is to implement, promote, and protect human rights, civic rights, and the rights of children, adolescents, women, families, the elderly, and the disabled.

<span class="mw-page-title-main">Hague Adoption Convention</span> International convention

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is an international convention dealing with international adoption, child laundering, and child trafficking in an effort to protect those involved from the corruption, abuses, and exploitation which sometimes accompanies international adoption. The convention has been considered crucial because it provides a formal international and intergovernmental recognition of intercountry adoption to ensure that adoptions under the convention will generally be recognized and given effect in other party countries.

Child abduction or child theft is the unauthorized removal of a minor from the custody of the child's natural parents or legally appointed guardians.

<span class="mw-page-title-main">International child abduction in Mexico</span>

Mexico is amongst the world's most popular sources and destinations for international child abduction while also being widely regarded as having one of the least effective systems of protecting and returning internationally abducted children within its borders.

The term international child abduction is generally synonymous with international parental kidnapping,child snatching, and child stealing.

<span class="mw-page-title-main">International child abduction in Brazil</span>

International child abduction in Brazil comprises cases in which the removal of a child by one of the joint holders of custody or non-custodial or contested parents to Brazil in contravention of other laws of other countries and/or the desires of other custody claimants. The phenomenon of international child abduction is defined in international law and legislated on by the Hague Convention on the Civil Aspects of International Child Abduction, which entered into force in Brazil on January 1, 2000, and aims to trace abducted children, secure their prompt return to the country of habitual residence and organize or secure effective rights of access. In 2010 Brazil was accused by the US State Department of being non-compliant with the Hague Convention.

<span class="mw-page-title-main">Office of Children's Issues</span>

The Office of Children's Issues is an agency of the Bureau of Consular Affairs, which in turn is part of the U.S. Department of State. The Office of Children's Issues was created in 1994 under the leadership of Assistant Secretary of State for Consular Affairs Mary Ryan and that of her successor Maura Harty. The Office of Children's Issues is divided into three units — a Prevention unit, which seeks to prevent international child abductions; an Abduction unit, which responds to abductions seeks to facilitate a return of abducted children; and an Adoption unit.

Abbott v. Abbott, 560 U.S. 1 (2010), was a decision by the Supreme Court of the United States holding that a parent's ne exeat right is a "right to custody" under the Hague Convention on the Civil Aspects of International Child Abduction and the US International Child Abduction Remedies Act. The child thus should have been returned to Chile, the country of "habitual residence" because the mother violated the ne exeat right of the father when taking the child to the United States without the father's consent.

<span class="mw-page-title-main">International Parental Kidnapping Crime Act</span>

The International Parental Kidnapping Crime Act 1993 (IPKCA) is a United States federal law. H.R. 3378, approved December 2, was assigned Public Law No. 103-173 and signed as Public Law 103-322 by President Bill Clinton on September 2, 1993. This law makes it a federal crime to remove a child from the United States or retain a child outside the United States with the intent to obstruct a parent's custodial rights, or to attempt to do so This crime is punishable by up to three years in prison. The law provides an affirmative defense where the abducting parent acted pursuant to a valid court order obtained under the Uniform Child Custody Jurisdiction And Enforcement Act, or where the abducting parent was fleeing domestic violence, or where the failure to return the child resulted from circumstances beyond the taking parent's control and the taking parent made reasonable efforts to notify the left behind parent within 24 hours and returned the child as soon as possible. Since its enactment, the law has only been used in a very small minority of international child abduction cases prompting parents of internationally abducted children to claim an abuse of or prosecutorial discretion on the part of federal prosecutors.

<span class="mw-page-title-main">International child abduction in the United States</span>

As a result of its high level of immigration and emigration and its status as common source and destination for a large amount of international travel the United States has more incoming and outgoing international child abductions per year than any other country. To address this issue the United States played an active role in the drafting of the 1980 Hague Convention on the Civil Aspects of International Child Abduction Although the United States was one of the first nations to sign the Convention in 1981 the Convention did not enter into force for the US until 1988 with the enactment by Congress of the International Child Abduction Remedies Act which translated the Convention into US law.

<span class="mw-page-title-main">Bureau of Arms Control, Verification and Compliance</span> Bureau

The Bureau of Arms Control, Deterrence, and Stability, formerly the Bureau of Arms Control, Verification and Compliance (AVC) is a bureau within the United States Department of State. It is responsible for providing oversight of policy and resources of all matters relating to the verification of compliance or discovery of noncompliance with international arms control, nonproliferation, and disarmament agreements.

International child abduction in South Korea refers to the illegal removal of children from their country of habitual residence by an acquaintance or family member to South Korea, or their illegal retention in South Korea. This issue overlaps with related practices within the South Korean family law system, such as the lack of meaningful protection against domestic abductions and visitation interference, combined with the default expectation of sole custody. Many of these practices also undermine South Korea's ratification of the United Nations Convention on the Rights of the Child.

References

  1. "Hague Abduction Convention text". Hcch.net. Retrieved April 20, 2010.
  2. 1 2 3 4 5 "THE HAGUE CHILD ABDUCTION CONVENTION: DIMINISHING RETURNS AND LITTLE TO CELEBRATE FOR AMERICANS" (PDF). NYU Journal of International Law and Politics, 33 N.Y.U. J. Int ' l L. & Pol. 125. 2000. Retrieved April 20, 2010.
  3. "US State Dept. Compliance Reports". Travel.state.gov. Archived from the original on April 8, 2010. Retrieved April 20, 2010.
  4. "2010 Compliance Report" (PDF). Travel.state.gov. Archived from the original (PDF) on May 28, 2010. Retrieved May 23, 2010.
  5. "2010 Hague Abduction Convention Compliance Report". internationalfamilylawfirm.com. May 21, 2010. Retrieved October 9, 2010.
  6. "2009 Compliance Report" (PDF). Retrieved April 20, 2010.
  7. "2008 Compliance Report" (PDF). Retrieved April 20, 2010.
  8. "2007 Compliance Report" (PDF). Retrieved April 20, 2010.
  9. "2006 Compliance Report" (PDF). Travel.state.gov. Retrieved April 20, 2010.
  10. "2005 Compliance Report" (PDF). Travel.state.gov. Retrieved April 20, 2010.
  11. "2004 Compliance Report" (PDF). Travel.state.gov. Retrieved April 20, 2010.
  12. "2002,2003 Compliance Report" (PDF). Travel.state.gov. Retrieved April 20, 2010.
  13. "2001 Compliance Report" (PDF). Travel.state.gov. Retrieved April 20, 2010.
  14. "2000 Compliance Report" (PDF). Travel.state.gov. Retrieved April 20, 2010.
  15. "1999 Compliance Report" (PDF). Travel.state.gov. Retrieved April 20, 2010.