Welcome, Guest. Please login or register.

Author Topic: Hague Case Before the Supreme of the United States  (Read 1556 times)

0 Members and 1 Guest are viewing this topic.

Offline kwhite

  • New Member
  • *
  • Posts: 5
Hague Case Before the Supreme of the United States
« on: October 04, 2014, 11:01:32 AM »
On Monday 6 October 2014 the Supreme Court of the United States (SCOTUS) will publish its decision on whether or not to hear a case that argues that local and federal courts are only inconsistently enforcing the Hague Convention on the Civil Aspects of International Child Abduction enacted in the United States as the International Child Abduction Remedies Act.  The docket number is 13-1492.


In February 2014, while testifying in support of the Goldman Act before the Senate Committee on International Foreign Relations  Ernie Allen, former CEO of the National Center for Missing and Exploited Children (current CEO of the International Center for Missing and Exploited Children) presented the results of a study his organization funded that found three "disturbing trends": 1.  abductions are increasing in number 2.  courts are taking longer to deal with the cases 3. (as i recall) fewer children are being returned, percentage-wise.  (His full testimony is published online.  I recommend reading it.)


If you are a left-behind parent who has been unable to return your child to the United States or once your child was back in the US were unable to recover your child to your care (see Article thirty-one), consider petitioning the Supreme Court for permission to submit an Amicus Brief to SCOTUS in support of full enforcement of the Hague and ICARA by all courts in the United States.  You would have a chance if SCOTUS granted you permission to present information about your case to the highest Court in the land.


Personally i don't think any of us will have that chance.  I have seen evidence of the creation of profit-taking by advocates for international abduction.  Some of them operate outside of the government.  Many are embedded in the judiciary.  I expect SCOTUS to decline to hear the case in order to protect the commercial enterprise.  However, if SCOTUS does the unexpected please take advantage of the situation to get some attention for your cases.


Best of luck to you all.
« Last Edit: October 04, 2014, 11:05:15 AM by kwhite »

Offline kwhite

  • New Member
  • *
  • Posts: 5
Re: Hague Case Before the Supreme of the United States
« Reply #1 on: October 06, 2014, 08:34:30 PM »
As expected, the Supreme Court of the United States declined to hear case asking the Court to resolve a circuit court split on the question of the central focus and purpose of the treaty.  Now two standards exist.  One says that the focus of the treaty is simply to return a child to the US to participate in custody.  On the other side five circuit courts have ruled that the purpose of the Convention is to return the child to the left behind parent, described by the Circuits, the Perez-Vera report, and the State Department's interpretation as the status quo ante or the factual status quo that existed prior to the abduction.  As of today Courts in the US no longer are required to return US children who are the victims of an international parental abduction to you, the left-behind parent.  It's pretty clear from reading posts on this site that that was not happening anyway.  The only difference is, now it's official.


This is how the world ends, not with a bang but a whimper...