By Elena Giannattasio, Esq., International Family and Hague Convention Lawyer in New York, Multi-Jurisdictional Divorce, PLLC
In the United States, Hague Convention claims are brought under ICARA, which provides the procedural framework for enforcing return obligations. Federal and state courts share jurisdiction, and the statute defines how courts evaluate international child abduction claims.
The legal framework requires proof of habitual residence, breach of custody rights, and exercise of those rights. These elements must be established through factual evidence and, often, interpretation of foreign law.
If established, courts generally order return. The Convention does not allow courts to determine custody or best interests.
The procedural structure is expedited. Courts limit discovery and focus on rapid resolution to prevent entrenchment of the child in a new jurisdiction.
Defenses such as grave risk, consent, and well-settled status are narrowly applied and require substantial proof.
Interaction with domestic law often involves the UCCJEA, particularly after return.
Hague litigation in New York requires precise legal framing and strong evidentiary presentation.