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Full-Text Articles in Law
Reconsidering Dual Consent, Lisa V. Martin
Reconsidering Dual Consent, Lisa V. Martin
Faculty Publications
Before a child may travel internationally, many countries require proof that both of the child’s parents consent. These “dual consent” requirements are aimed at preventing international child abduction, and many countries have adopted them as part of the coordinated effort to implement the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In recent years, international air carriers have been urged to impose similar requirements for all children traveling on international flights. Although well-intentioned, dual consent requirements pose significant harms, especially to children of single parents and parents subjected to domestic violence. This article explores the unintended consequences …
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
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 …