In the United States, Hague Convention child abduction cases are typically heard in federal or state courts under the International Child Abduction Remedies Act (ICARA).
To succeed in a Hague Convention case, the petitioning parent generally must prove three elements:
1. The child was habitually resident in another country.
2. The removal or retention violated the petitioner’s custody rights.
3. The petitioner was exercising those custody rights at the time of removal.
If these elements are established, courts generally order the return of the child unless a
Limited defense applies.
Possible defenses include grave risk of harm, consent or acquiescence, the child’s objection if sufficiently mature, and the one-year settlement defense.
International Family Lawyer New York | Hague Convention & UCCJEA Attorney | Elena Giannattasio