Law Commons^™

Filling The Gaps With Public Policy: The Application Of The Hague Convention Protocol In Us Courts In The Absence Of A Co-Signing State, Andrew A. Zashin, Christopher R. Reynolds, Amy M. Keating

Faculty Publications

This article will consider a possible avenue for filling 'gaps' when the 1980 Hague Abduction Convention or the 1996 Child Protection Convention do not apply in child custody/abduction cases. Specifically, it will explore utilizing internal US domestic relations law to facilitate the return of a child who has been abducted to the USA from a non-signatory country. To better illustrate the potential effects, the article will explore this 'gap filler' through the lens of a case study involving Japan, the most prominent first world country that is not yet a signatory to the Convention. The article also considers the implications …