By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Albania presents significant legal and enforcement challenges for parents seeking the return of a child wrongfully removed from the United States because the United States and Albania are not treaty partners under the Hague Convention on the Civil Aspects of International Child Abduction.
While Albania has acceded to the Convention, the U.S. Department of State has declined to accept Albania as an effective treaty partner. Before the Convention can operate between two countries, the United States must formally determine that the acceding country has the legal, judicial, and institutional capacity to implement Hague obligations in a meaningful and enforceable way.
To date, the U.S. government has been unable to make that determination with respect to Albania.
Publicly available reporting from U.S. government sources and international monitoring organizations highlights ongoing concerns within Albania’s legal and judicial systems, including:
- Persistent challenges to judicial independence
- Political pressure and corruption within courts and law enforcement
- Limited transparency and enforcement capacity
- Inconsistent implementation of international legal standards
Although Albania has undertaken judicial reforms with international support, enforcement of court orders, particularly in family law matters, remains unreliable.
As a result, the Hague Convention does not apply between the United States and Albania, and it offers no legal remedy for a left-behind parent seeking the return of a child taken from the U.S. to Albania. There are also no bilateral agreements between the two countries addressing international child abduction.
Enforcement Failures in Custody and Access Cases
Local practitioners and international observers consistently report that final custody and access judgments are difficult to enforce in Albania. This has been a recurring issue noted by the European Court of Human Rights (ECtHR), which has repeatedly sanctioned Albania for failures in enforcement.
In cross-border family disputes, enforcement challenges become especially acute. Custody and access orders may exist on paper but fail in practice—leaving left-behind parents without meaningful relief once a child has crossed borders.
A Cautionary Case: Bajrami v. Albania
Following the separation of Albanian parents, a mother relocated the child abroad despite warnings to authorities and pending proceedings. Although the father ultimately obtained custody through the Albanian courts, the judgment was never enforced. For more than two years, state authorities failed to take action.
The European Court concluded that Albania lacked an effective legal framework to prevent or remedy child abduction and offered no practical protection to the left-behind parent. At the time, Albania was not a Hague Convention partner and had no alternative enforcement mechanism in place. The European Court of Human Rights found Albania in violation of its obligations to protect family life.
The case underscores a critical reality: even when a parent obtains a favorable custody ruling, enforcement cannot be assumed.
Practical Reality for Left-Behind Parents
When a child is taken from the United States to Albania, parents face a legal landscape with:
- No Hague Convention remedies
- No bilateral recovery framework
- Limited enforcement of custody orders
- Significant delays and uncertainty
From a strategic standpoint, Albania is often viewed as a high-risk jurisdiction for international child abduction cases involving U.S. parents. Once a child is removed, options narrow rapidly.
If Albania is part of your family’s international footprint, early legal guidance can make the difference. At Multi-Jurisdictional Divorce, PLLC, we advise parents before relocation occurs, craft enforceable safeguards, and act decisively when international risks emerge.