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Good Practice in Handling Hague Abduction Convention Return Applications

NCJ Number
211435
Author(s)
Nigel Lowe; Sarah Armstrong
Date Published
2002
Length
72 pages
Annotation
This report provides an analysis of the procedures and systems of seven of the states with the highest Hague Convention caseloads: Australia, Canada, France, Germany, Mexico, the United Kingdom, and the United States.
Abstract
The practical problems of the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) were discussed at two recent international forums hosted by the National Center for Missing and Exploited Children (NCMEC). Participants explored ways of improving the operation of the treaty, as it has become increasingly necessary in the 22 years since its inception. This report assesses the strengths and weaknesses of each of the seven states in terms of how they handle abduction cases involving the Hague Convention and offers recommendations for improvement. Implementation issues of the Hague Convention are discussed and the structure of the Central Authorities and the Judicial Authorities designated under the Hague Convention are examined. The initial processing of applications, including their transmission to the proper authority, is reviewed followed by an examination of the judicial processing of Hague Convention applications. Recommendations include the provision of a standard application form among Hague Convention states, limiting the number of judges involved in Hague Convention hearing appeals, and the posting of missing children on Web sites to aid in recovery. The authors also provide potential models to other states considering accession to the Hague Convention. Footnotes