{
  "id": "RS21261",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS21261",
  "active": true,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 427655,
      "date": "2014-01-27",
      "retrieved": "2016-04-06T20:42:25.967324",
      "title": "International Parental Child Abductions",
      "summary": "International child custody disputes are likely to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Since 1988, the Hague Convention on the Civil Aspects of International Child Abduction (\u201cHague Convention\u201d or \u201cConvention\u201d) has been the principal mechanism for enforcing the return of abducted children to the United States. While the treaty authorizes the prompt return of the abducted child, it does not impose criminal sanctions on the abducting parent. Congress, to reinforce the Hague Convention, adopted the International Parental Kidnapping Crime Act of 1993 to impose criminal punishment on parents who wrongfully remove or retain a child outside U.S. borders. \nThe Convention does not act as an extradition treaty, nor does it purport to adjudicate the merits of a custody dispute. It is a civil remedy designed to preserve the status quo by returning an abducted child to the country of his or her \u201chabitual residence\u201d and allowing the judicial authorities in that country to adjudicate the merits of a custody dispute. As such, the proceeding is brought in the country to which the child was abducted or in which the child is retained. Although domestic relations involve issues typically governed by state law, the federal statute implementing the Hague Convention explicitly confers jurisdiction on the federal courts. Federal courts continue to address the scope of this jurisdiction. In Chafin v. Chafin, the U.S. Supreme Court found that a child\u2019s return to her country of habitual residence does not render an appeal moot. In other words, an appellate court retains jurisdiction to review a lower court\u2019s decision as to the child\u2019s habitual residence.\nThe Hague Convention is not always applicable in international child custody cases. Signatory nations do not have to automatically return a child to his or her place of habitual residence, as discretionary exceptions exist that enable the child to remain with the removing parent. Also, procedures and remedies available under the Convention differ depending on the parental rights infringed. Courts must determine whether a particular order confers a right of custody or a lesser right of access. For example, federal courts disagreed on what type of right was conferred by a ne exeat, or \u201cno exit,\u201d order granting one parent the right to veto another parent\u2019s decision to remove their child from his home country. In Abbott v. Abbott, the U.S. Supreme Court resolved the circuit split by finding that such an order confers a right of custody, thus triggering enforceability under the Convention. However, it is important to note that this decision was limited to ne exeat orders. As such, courts will have to address which side of the access-custody line any other arrangements may fall.\nThis report will discuss the applicability of the Hague Convention and current U.S. laws, both civil and criminal, which seek to address the quandary of children abducted by parents to foreign nations. This report will be updated as events warrant.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": true,
      "formats": [
        {
          "format": "HTML",
          "encoding": "utf-8",
          "url": "http://www.crs.gov/Reports/RS21261",
          "sha1": "ae76ff81a88f223c20d7ea464b3048b46b035418",
          "filename": "files/20140127_RS21261_ae76ff81a88f223c20d7ea464b3048b46b035418.html",
          "images": null
        },
        {
          "format": "PDF",
          "encoding": null,
          "url": "http://www.crs.gov/Reports/pdf/RS21261",
          "sha1": "969d025007371ec685254db049848603fda52ab3",
          "filename": "files/20140127_RS21261_969d025007371ec685254db049848603fda52ab3.pdf",
          "images": null
        }
      ],
      "topics": [
        {
          "source": "IBCList",
          "id": 3919,
          "name": "International Law and U.S. Sovereignty"
        }
      ]
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc807632/",
      "id": "RS21261_2012Dec03",
      "date": "2012-12-03",
      "retrieved": "2016-03-19T13:57:26",
      "title": "International Parental Child Abductions",
      "summary": null,
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
        {
          "format": "PDF",
          "filename": "files/20121203_RS21261_18183c7d33e182d8795ce10c614959c333dbc97e.pdf"
        }
      ],
      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc31443/",
      "id": "RS21261_2010Nov22",
      "date": "2010-11-22",
      "retrieved": "2011-03-09T09:26:47",
      "title": "International Parental Child Abductions",
      "summary": "International child custody disputes are likely to increase in frequency as the global society becomes more integrated and mobile. Since 1988, the Hague Convention on the Civil Aspects of International Child Abduction (\"Hague Convention\" or \"Convention\") has been the principal mechanism for enforcing the return of abducted children to the United States. This report will discuss the applicability of the Hague Convention and current U.S. laws, both civil and criminal, which seek to address the quandary of children abducted by parents to foreign nations. In addition, pending legislation, including H.R. 3240 and H.R. 3487, is discussed.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
        {
          "format": "PDF",
          "filename": "files/20101122_RS21261_0bcaeff24ded425733c3a6f7998d8798475ae1b3.pdf"
        },
        {
          "format": "HTML",
          "filename": "files/20101122_RS21261_0bcaeff24ded425733c3a6f7998d8798475ae1b3.html"
        }
      ],
      "topics": [
        {
          "source": "LIV",
          "id": "International affairs",
          "name": "International affairs"
        },
        {
          "source": "LIV",
          "id": "Criminal justice",
          "name": "Criminal justice"
        },
        {
          "source": "LIV",
          "id": "Kidnapping",
          "name": "Kidnapping"
        },
        {
          "source": "LIV",
          "id": "Parental kidnapping",
          "name": "Parental kidnapping"
        },
        {
          "source": "LIV",
          "id": "Custody of children",
          "name": "Custody of children"
        },
        {
          "source": "LIV",
          "id": "Families",
          "name": "Families"
        }
      ]
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc627198/",
      "id": "RS21261_2009Nov02",
      "date": "2009-11-02",
      "retrieved": "2015-06-15T14:46:40",
      "title": "International Parental Child Abductions",
      "summary": "This report discusses the applicability of the Hague Convention and current U.S. laws, both civil and criminal, which seek to address the quandary of children abducted by a parent to foreign nations.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
        {
          "format": "PDF",
          "filename": "files/20091102_RS21261_a6382c8151d1e6bc6e46f17072c3a74eb3f12fc4.pdf"
        },
        {
          "format": "HTML",
          "filename": "files/20091102_RS21261_a6382c8151d1e6bc6e46f17072c3a74eb3f12fc4.html"
        }
      ],
      "topics": [
        {
          "source": "LIV",
          "id": "International affairs",
          "name": "International affairs"
        },
        {
          "source": "LIV",
          "id": "Criminal justice",
          "name": "Criminal justice"
        },
        {
          "source": "LIV",
          "id": "Kidnapping",
          "name": "Kidnapping"
        },
        {
          "source": "LIV",
          "id": "Parental kidnapping",
          "name": "Parental kidnapping"
        },
        {
          "source": "LIV",
          "id": "Custody of children",
          "name": "Custody of children"
        },
        {
          "source": "LIV",
          "id": "Families",
          "name": "Families"
        }
      ]
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc814877/",
      "id": "RS21261_2004Jun30",
      "date": "2004-06-30",
      "retrieved": "2016-03-19T13:57:26",
      "title": "International Parental Child Abductions",
      "summary": null,
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
        {
          "format": "PDF",
          "filename": "files/20040630_RS21261_40da0ed3a8f192ec4a6fb31c691d5d1d67ad9266.pdf"
        },
        {
          "format": "HTML",
          "filename": "files/20040630_RS21261_40da0ed3a8f192ec4a6fb31c691d5d1d67ad9266.html"
        }
      ],
      "topics": []
    }
  ],
  "topics": []
}