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Recent International Conventions Will Affect Family Law Practice

By Mary Kay Kisthardt and Barbara Handschu

While the media focus on the work of Congress that has involved major “newsworthy” legislation affecting health care and “Don't Ask, Don't Tell,” the U.S. Senate has “quietly” ratified two important international conventions that will have an impact on family law practice in the United States. On Sept. 29, 2010, the Senate gave its advice and consent to The Hague “Family Maintenance Convention” (The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance). On Oct. 23, 2010, the United States signed the “Child Protection Convention” (Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children).

This article discusses both international conventions and their implementation, anticipating what effect they will have on statutes in the U.S. that affect family support and international custody orders. Although legislation allowing full implementation of the conventions is still necessary, family law practitioners need to be cognizant now of the conventions for two reasons. First, foreign orders making reference to these conventions have a way of exporting themselves into U.S. proceedings. Second, courts often become aware of these conventions, and lawyers may wish to cite to them for principles of law.

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