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Hague Article 13b

By William Wright

The United States became a party to the Hague Convention on the Civil Aspects of International Child Abduction (the 'Convention') on July 1, 1988. This was the effective date of its implementing legislation, the International Child Abduction Remedies Act (ICARA), 42 U.S.C. ' 11601 et seq. The stated objective of this legislation is to protect children from wrongful international removal or retention from their lawful custodians. See Convention, art. 1.

Both the Convention and ICARA ensure litigants that a parent will not be allowed to obtain custody of a child by retaining the child from his or her habitual residence in a jurisdiction where the wrongdoing parent believes she will receive more favorable treatment. See Convention, art. 1; see also 42 U.S.C. ' 11601(a)(2). Thus, all countries that have signed the Hague Convention Treaty are mutually committed to return children wrongfully removed or retained within the meaning of the Convention, unless one of the narrow exceptions applies. 42 U.S.C. ' 11601(a)(4); see also Currier v. Currier, 845 F. Supp. 916, 920 (D.N.H. 1994).

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