Custody battle
Political and judicial differences between countries as well as differing societal views on men's and women's role in society make child abduction cases difficult at best. custody battle Arkansas child custody laws. To address growing concerns regarding child abduction, many countries have adopted a treaty designed to expedite the return of children wrongfully removed to their home country. This treaty is called the Hague Convention. The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction seeks to curb international abductions of children by providing judicial remedies to those seeking the return of a child who has been wrongfully removed or retained. custody battle California child custody laws. The Convention provides a simplified procedure for seeking the return of a child to its legal custodian. However, there are limitations to the treaty's application. The Convention applies only between those countries that have adopted it as "Contracting States. custody battle Divorce rate in the us. " Under the treaty, each subscribing state sets up a "Central Authority" to serve as a liaison with the other Contracting States. An aggrieved parent may then file an application with either the Central Authority of the home country or the country where the child is located. Upon application, the Central Authority must take all appropriate measures to discover the whereabouts of the child, prevent harm to the child, protect the interests of the lawful custodian or applicant, and secure the voluntary return of the child. If a judicial proceeding is initiated, the court must act expeditiously. Article 11 gives the applicant or the Central Authority of the Requested State the right to demand a statement from the court detailing the reasons for delay if a decision has not been made within six weeks from the commencement of proceedings. There need not be a custody decree in effect in order to trigger the return provisions under the Convention. The elements of a cause of action for the return of an abducted child under the Hague Convention on the civil aspects of child abduction and International Child Abduction Remedies Act are that:1. child was habitually resident of the country from which the child was abducted;2. petitioning parent had either sole or joint rights of custody of the child either through a custody order or du jure (by operation of law), and3. at time of wrongfully removal, petitioning parent was exercising those rights. International Child Abduction Remedies Act, Section 4 (e)(2)(A), 42 U. S. C. Section 11603 (e)(2)(A). The burden of proof in proving the application of the Hague Convention falls upon the Petitioning party and must be shown by a preponderance of the evidence.
Custody battle
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