About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

33 J. Am. Acad. Matrimonial Law. 31 (2020-2021)
The Future of Litigating an International Child Abduction Case in the United States

handle is hein.journals/jaaml33 and id is 43 raw text is: 

International Child Abduction Cases


The Future of Litigating an
International Child Abduction Case in
the   United States


by
Melissa A. Kucinski*

     Our world is shrinking. This was abundantly clear as we
read the 2020  news feeds showing  the speed  with which the
coronavirus spread between countries due to international travel
and commerce.   Not a day went by in 2018 where we  had a re-
prieve from  the constant news cycle about caravans of immi-
grants from South and Central America making their way to the
Mexico-U.S.  border. When   the Amazon  Rain  Forest and the
Australian brushfires burned uncontrollably in 2019, the news
made  daily headlines in the United States because of the impact
those regional crises had on a global scale. With constant global
movement,  it is inevitable courts will see more international pa-
rental child abduction cases.
     This article elaborates on the trends and challenges in the
United  States when litigating an international parental child ab-
duction case, including additional expense and changes in the
law. The article then discusses alternatives to using The Hague
Convention  of 25 October 1980 on the Civil Aspects of Interna-
tional Child Abduction (1980 Convention), including the Uni-
form   Child  Custody   Jurisdiction and   Enforcement   Act
(UCCJEA) and a new law on the horizon for the United
States, signed in 2010 - the Convention of 19 October 1996 on
Jurisdiction, Applicable Law, Recognition, Enforcement and Co-
operation in Respect  of Parental Responsibility and Measures
for the Protection of Children (1996 Convention).1 The 1996
Convention  determines jurisdiction to issue custody orders and

     * Melissa Kucinski is a lawyer in Washington, D.C.
     1 Convention on Jurisdiction, Applicable Law, Recognition, Enforce-
 ment and Co-Operation in Respect of Parental Responsibility and Measures for
 the Protection of Children, Oct. 19, 1996 (entered into force Jan. 1, 2002),
 https://www.hcch.net/en/instruments/conventions/full-text/?cid=70#ch3 [herein-
 after 1996 Convention].


31


Vol. 33, 2020

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most