The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges

By Federal Judicial Center

The 1980 Hague Convention entered into force in the United States in 1988. In the ensuing twenty five plus years, child abduction litigation has produced over 150 appellate decisions and, within the last four years, three decisions from the U.S. Supreme Court. This guide is designed to help federal and state judges deal with proceedings for the return of children under the 1980 Hague Convention. The first edition, published in 2012, was aimed at an audience primarily consisting of the federal judiciary. Bearing in mind that federal and state courts share concurrent jurisdiction over these unique cases, a greater emphasis has been placed on the inclusion of state court decisions in this edition. A review of the state appellate cases shows that an overwhelming number of state courts rely on the greater body of federal decisions. This reliance is likely the result, in part, of the scarcity of precedent within the individual states combined with the wealth of authoritative precedent in the federal system. Cases arising under the 1980 Convention present challenges to trial and appellate courts owing to unique legal concepts and the timesensitive nature of the proceedings. Recently, the Appellate and Civil Rules Committees of the Judicial Conference of the United States recommended that increased judicial education be focused toward expeditiously resolving Hague Convention cases as a first level of response.1 This guide is part of the Federal Judicial Center's efforts toward fulfilling that goal.

• Format: Paperback
• Language: English
• ISBN: B0CS5HRSMQ
• ISBN13: 9798874456481
• Release Date: January 2024
• Publisher: Independently published
• Length: 275 Pages
• Dimensions: 11.0" x 0.6" x 8.5"