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Author Topic: Suggestions to bring the US Hague court into the 21th Century  (Read 3567 times)

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Offline jjsaunt

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Now this is Carlos' fault.  He writes something and I get out of my lurker stage and start new threads.
 
See his Judge Sotomayer thread concerning Abbott v Abbott.  This a court case where I think the Texas Federal judges are just WRONG.  They say since the father (in Chile) did not have physical custody, he has no custody at all - dispite what Chile says.   http://bringseanhome.org/forum/showthread.php?t=1159
 
Due to cronic insomnia, I mentally design things in bed.  Here is my suggestion to getting the US Hague court into the 21th Century.
 
The president should appoint a single Federal judge (or more if needed) as the "Federal Hague Convention Court Judge" with a staff of expert Hague attornies.  The judge can be located in Washington DC or anywhere in the US - we do have webcam in our world now.
 
The judge assigns a Hague attorney to the US taking parent and other one the foreign LBP (ever watch JAG? - the attorney's can be for the defense one week and the prosecution the next).  These Hague attorneys comunicate with the parents and their attorneys.  The judge has an initial case to hear arguments as in a standard divorce case with either all parents in attendance or all on webcam (lets make them equal in access to the judge).  All paperwork can be e-mailed to him during this case or to his office for evauation.  The judge has a timelimit in which to make his decision or ask for additional information.  The judge's decisions are evaluated every 2 years by an oversite committee.
 
I don't have an idea whether the judge, the currect organization or some other organization should be the one to determine whether or not a case qualifies as a Hague case.
 
Should I send my suggestion to the President?  Got a better idea?

Offline dmdaven2

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #1 on: May 26, 2009, 11:51:27 PM »
Good job thinking outside the box...
Devon Davenport - Father of Nadia Lynn ;)

Offline Sashia

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #2 on: May 27, 2009, 01:34:46 AM »
Quote from: dmdaven2;22822
Good job thinking outside the box...

 
Great Idea!!! And while you're at it  Who knows more about the pitfalls and boobytraps of the Hague than people who have experienced it. Why not have an "advisory committee" made up of only people who have been down that road. Kind of like a "civilian advisory group", volunteers (again past members) to work with victims (on either side), the way people volunteer to be Guardian ad Litem.

Offline orangepunchbuggy

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #3 on: May 27, 2009, 04:18:13 AM »
Sounds good to me.....not an expert, but I like what I read, and Sashia's idea is great and compliments idea well. (I too mentally design things in my head due to a combo of insomnia & other annoying things...lol)

Offline tweinstein

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #4 on: May 27, 2009, 06:26:01 AM »
Your idea is an evolution of suggestions that have been proposed repeatedly over the years to improve compliance with the Convention.

Offline jdv28

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #5 on: May 27, 2009, 01:50:35 PM »
I had said something to that idea earlier, and Tim said no.  I forgot what the reason was for.  :)  I just don't see why they don't make a whole dept that dedicates all their brains cells on these cases.  THE LBPs!!!

Wait...or do we already have such a thing?
Give MORE these:hug:  & LESS these :argue:

Offline dmdaven2

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #6 on: May 27, 2009, 02:21:47 PM »
Quote from: jdv28;22919
I had said something to that idea earlier, and Tim said no. I forgot what the reason was for. :) I just don't see why they don't make a whole dept that dedicates all their brains cells on these cases. THE LBPs!!!

Wait...or do we already have such a thing?

 
LMAO
Devon Davenport - Father of Nadia Lynn ;)

Offline jjsaunt

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #7 on: May 27, 2009, 03:16:08 PM »
Quote from: tweinstein;22827
Your idea is an evolution of suggestions that have been proposed repeatedly over the years to improve compliance with the Convention.

Really!!  (I feel complimented)   Who proposed?  Government people?  Someone who might actually have the wherewithall to bring the US system into compliance?  
 
Looking on the OCI website, it says that cases can be seen in either State or Federal Court.  Here we are harping on Brazil for having David's case in a State Court and we do the same thing.
 
Another thing I dislike is that you have to have resided in a Hague country.  Why do we limit assisting in returning children to only Hague partner countries?

Offline tweinstein

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #8 on: May 27, 2009, 05:10:06 PM »
Quote from: jjsaunt;22936
Really!!  (I feel complimented)   Who proposed?  Government people?  Someone who might actually have the wherewithall to bring the US system into compliance?
Among other references I remember reading, there was a summary of a conference that occurred many years ago that was posted by, I think, LukieD. Maybe he can post that again.

Offline dmdaven2

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #9 on: May 27, 2009, 05:31:03 PM »
Quote from: jjsaunt;22936
Really!!  (I feel complimented)   Who proposed?  Government people?  Someone who might actually have the wherewithall to bring the US system into compliance?  
 
Looking on the OCI website, it says that cases can be seen in either State or Federal Court.  Here we are harping on Brazil for having David's case in a State Court and we do the same thing.
 
Another thing I dislike is that you have to have resided in a Hague country.  Why do we limit assisting in returning children to only Hague partner countries?


There has to be a mutual agreement...basically in order to help you have to have the court order be recognized in that other country. If that other country never agreed to participate in the Hague, then they definitely wouldn't allow any foreign legal documents to be honored in their country. But the same goes, if one of their kids gets brought here, they can't ask for a legal document to be honored. Therefore to make it easy, many countries decided to sign the Treaty as a you look out for our children, we'll look out for yours.

Brazil just happened to be one of the few that instead signed with the intention of You look out for our children.....period
Devon Davenport - Father of Nadia Lynn ;)



Offline wicasa

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #12 on: April 21, 2022, 11:42:49 PM »

Offline wicasa

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #13 on: April 21, 2022, 11:43:56 PM »

Offline wicasa

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Re: Suggestions to bring the US Hague court into the 21th Century
« Reply #14 on: April 21, 2022, 11:45:03 PM »