Not Without my Children: The Need for the Modification of International Child Abduction Laws

• DOI: http://doi.org/10.1111/fcre.12268
• Published date: 01 January 2017
• Date: 01 January 2017
• Author: Mishal Pahrand

STUDENT NOTES

NOT WITHOUT MY CHILDREN: THE NEED FOR THE

MODIFICATION OF INTERNATIONAL CHILD ABDUCTION LAWS

Mishal Pahrand*

Thousands of children are being abducted from the United States to countries abroad yearly. As a result, thousands of parents’

rights are being violated. With the convenience of social media, easy access to plane tickets, and touch- screen phones that

connect people with each other across the world, it is not unusual for Americans to engage in relationships abroad. As these

international relationships become more common, so do cases of international child abduction. The only existing international

law that addresses international child abductions is the Hague Convention on the Civil Aspects of International Child Abduc-

tion. Countries are only bound to the Hague Convention’s provisions if they are signatories to the treaty. However, even then,

treaty enforcement relies heavily on the cooperation of the international community. This cooperation is limited by the diverse

political systems and religious beliefs of the countries across the globe. Further, there are many loopholes within this treaty

that can allow a parent, guardian, or other family member to avoid prosecution for the crime of internationally abducting a

child. For these reasons, this Note proposes that Congress enact a statute that contains stricter exit controls for children whose

parent wishes to travel outside of the United States with them. These measures and precautions would prevent child abductions

from reaching the international level where U.S. parents then f‌ind themselves practically helpless.

Key Points for the Family Court Community:

International child abduction is an issue that negatively af‌fects thousands of U.S. parents.

Countries cannot be forced to sign or comply with an international treaty.

We have to rely extensively and often exclusively on diplomatic relations to resolve international child abduction cases

if a treaty is not in place.

The Uniform Child Abduction Prevention Act (UCAPA) has been drafted by the National Conference of Commis-

sioners on Uniform State law but has not yet been enacted by Congress.

Some states have either adopted the provisions set forth by the UCAPA or established similar regulations and proce-

dures of their own.

This Note seeks to set forth preventive measures and exit controls in an ef‌fort to promote uniformity across the nation

with regard to international child abduction laws.

Keywords: Child Custody Dispute; Comity; Diplomatic Relations; Exit Controls; Hague Convention; International Child

Abduction; International Law; and Uniform Child Abduction Prevention Act (UCAPA).

I. INTRODUCTION

Jacob

1

and Ava

2

met in Germany while Ava was on vacation during the winter holiday season.

They instantly connected and soon, fell in love. After the vacation ended, the two maintained con-

tact

3

for a few months via FaceTime and various social networks. Realizing that the distance was

making their relationship increasingly dif‌f‌icult, they both knew that one of them had to make the sac-

rif‌ice of leaving their home country so their relationship could grow. Jacob agreed to leave Germany

and to marry Ava in the United States.

The couple lived a content life in the United States for a few years. Together, they had a daughter,

Leila.

4

Although Jacob and Ava had agreed to never leave each other, their dif‌ferences were

Correspondence: Mishal.Pahrand.FCR@gmail.com

FAMILY COURT REVIEW, Vol. 55 No. 1, January 2017 139–151

V

C2017 Association of Family and Conciliation Courts