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Lesson Learned From Case of Child Abducted to Brazil and Retained for Five Years: An International Convention is Only As Good as Its Enforcement Mechanism

By Janet Langjahr

Brazil is a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Yet it took nearly six years and massive political and legal effort to secure the return to this country from Brazil of a little American boy abducted by his mother … who died over a year ago.

That boy reportedly was far from the only American (or other non-Brazilian) child abducted to Brazil.

On the other hand, India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Yet, in a recent case there, the Indian Supreme Court ruled that an Indian Wife who had been permanently residing in the UK with her Husband and their child, must return to the UK with their child for custody proceedings there.

Ultimately, the adverse impact of Brazil’s conduct on future trade with the US may have propelled Brazil to finally send the boy home.

Now, a Congressman from that boy’s home state, New Jersey, has introduced legislation intended to promote enforcement of the Hague Convention by appointing an official to monitor compliance and to empower the government to impose sanctions for noncompliance.

An international network of judges is also communicating in the hope of facilitating timely returns of abducted children.

Read more in this [India] Daily News and Analysis article: SC asks NRI woman to fight child custody battle in England and this Baltimore Sun article: Justice for stolen kids and this [New Jersey] Hub article: Legislators call for bill on international child abduction.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on January 10, 2010 (boomark / email).