DOCSLIB.ORG

United States Responses to International Parental Abduction

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
United States Responses to International Parental Abduction S. HRG. 105±845 UNITED STATES RESPONSES TO INTERNATIONAL PARENTAL ABDUCTION HEARING BEFORE THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE ONE HUNDRED FIFTH CONGRESS SECOND SESSION OCTOBER 1, 1998 Printed for the use of the Committee on Foreign Relations ( Available via the World Wide Web: http://www.access.gpo.gov/congress/senate U.S. GOVERNMENT PRINTING OFFICE 51±772 CC WASHINGTON : 1998 1 VerDate 11-SEP-98 12:09 Mar 11, 1999 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 51772 sfrela2 PsN: sfrela2 COMMITTEE ON FOREIGN RELATIONS JESSE HELMS, North Carolina, Chairman RICHARD G. LUGAR, Indiana JOSEPH R. BIDEN, JR., Delaware PAUL COVERDELL, Georgia PAUL S. SARBANES, Maryland CHUCK HAGEL, Nebraska CHRISTOPHER J. DODD, Connecticut GORDON H. SMITH, Oregon JOHN F. KERRY, Massachusetts CRAIG THOMAS, Wyoming CHARLES S. ROBB, Virginia ROD GRAMS, Minnesota RUSSELL D. FEINGOLD, Wisconsin JOHN ASHCROFT, Missouri DIANNE FEINSTEIN, California BILL FRIST, Tennessee PAUL D. WELLSTONE, Minnesota SAM BROWNBACK, Kansas JAMES W. NANCE, Staff Director EDWIN K. HALL, Minority Staff Director (II) VerDate 11-SEP-98 12:09 Mar 11, 1999 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 51772 sfrela2 PsN: sfrela2 ?II) C O N T E N T S Page DeWine, Hon. Mike, U.S. Senator from Ohio ........................................................ 17 Johnson, Thomas A., Alexandria, Virginia ............................................................ 37 Prepared statement .......................................................................................... 42 Marinkovich, Paul, Simi Valley, California ........................................................... 54 Prepared statement .......................................................................................... 60 Meyer, Lady Catherine I., British Embassy, Washington, DC ............................ 19 Prepared statement .......................................................................................... 21 Reno, Hon. Janet, Attorney General, U.S. Department of Justice ...................... 5 Prepared statement .......................................................................................... 11 Sylvester, Thomas R., Cincinnati, Ohio ................................................................. 28 Prepared statement .......................................................................................... 32 APPENDIX Responses to Additional Questions Submitted for the Record by the Commit- tee .......................................................................................................................... 67 Abduction of Carina Maria Sylvester by Monika Rossmann (AKA Monika Sylvester) and the Government of Austria, a Chronology ................................ 69 Abduction of Amanda Kristina Johnson by Anne Franzen (AKA Anne Franzen Johnson) and the Government of Sweden, a Chronology .................. 78 Statement Submitted by Hon. Tom Daschle ......................................................... 82 Statement Submitted by Laura Kingsley Hong .................................................... 84 Letters and Additional Material Submitted for the Record on the Subject of International Child Abduction ........................................................................ 89 List of Additional Material Submitted for the Record Which Will be Main- tained in the Committee's Files .......................................................................... 150 (III) VerDate 11-SEP-98 12:09 Mar 11, 1999 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 51772 sfrela2 PsN: sfrela2 ?III) UNITED STATES RESPONSES TO INTERNATIONAL PARENTAL ABDUCTION THURSDAY, OCTOBER 1, 1998 U.S. SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, DC. The committee met at 10:05 a.m., in room SD±419, Dirksen Sen- ate Office Building, Hon. Jesse Helms, chairman of the committee, presiding. Present: Senators Helms, Biden, and Robb. Also Present: Senator DeWine. The CHAIRMAN. The committee will come to order. I would say preliminarily that this is a right busy time up here. All the committees are meeting, trying to finish up whatever bills they can before adjournment, sine die, as Senator Byrd refers to it. Madam Attorney General, we are so glad to welcome you here this morning, and I am glad that your first appearance before this Committee this morning is the first time in 9 years that any Attor- ney General has appeared before the Foreign Relations Committee. So, that makes it a double pleasure to work with you. The last time, by the way, for anybody taking notes, was 1989 when Dick Thornburgh visited this committee. Madam Attorney General, your coming here this morning to dis- cuss the growing problem of international parental kidnapping is a very good measurement of your personal interest in this matter. Following your testimony, the committee will hear from a num- ber of parents, each of whom will have heartbreaking stories about how their former spouses unlawfully took their children to foreign countries and about the subsequent search to find and seek the re- turn of those children. I was surprised to learn, by the way, that these children were taken not to the closed societies of the Middle East, but to European countries with democratic and open soci- eties. Now, the parents who will testify today will describe many long and expensive court battles in efforts to get their children back. For example, they will tell stories of hiring lawyers in foreign courts that favor their own citizens despite the existing treaty require- ments that the children be returned, stories of futile or insufficient diplomatic efforts by the United States, and stories of the failure by the United States to issue arrest warrants or seek extradition of the former spouses who unlawfully spirited the children away. But it needs to be emphasized, I think, that this frustration with the existing process is not uniquely American. Our committee will hear today from a well-known British citizen, the wife of the Brit- (1) VerDate 11-SEP-98 12:09 Mar 11, 1999 Jkt 000000 PO 00000 Frm 00004 Fmt 6633 Sfmt 6633 51772 sfrela2 PsN: sfrela2 2 ish Ambassador to the United States, Lady Catherine Meyer. Lady Meyer has spent the past several years seeking the return of her sons from their father in Germany. It would be an ideal circumstance, Madam Attorney General, if we could have you sitting side-by-side with the distinguished Sec- retary of State discussing how the United States can better re- spond to the thousands of cases of international parental kidnap- ping every year. The question, of course, is what exactly is the problem? For many years in the United States, the kidnapping of a child by a parent was considered a family matter, not a criminal matter. Today, all 50 States do have criminal statutes that require the return of any child taken across a State line by a parent. During this hearing, parents are going to recite how the process breaks down when a child is taken across foreign borders. The Hague Convention on the Civil Aspects of International Child Ab- duction requires that children be returned to the habitual resident from which the child was taken. Each yearÐand you will amplify on thisÐU.S. Courts send an estimated 90 percent of kidnapped children back to foreign countries, but that statistic for returns to this country is not nearly as perfect. Only some 30 percent of kid- napped children are returned to the United States. Parents have reported to me the failure by the United States to initiate vigorously diplomatic and law enforcement tools seeking the return of their children. These parents report a sense of frus- trationÐand I can understand thatÐwith the obviously low prior- ity placed on the return of abducted children compared to other diplomatic relations. Unfortunately, in most cases the kidnapping parents often flee U.S. borders with the children before law enforcement officers are even made aware of the unlawful act. Even in instances where local law enforcement is brought in, officers often are not aware of the process of tracking the kidnapper parent at the international level. The next step of issuing international arrest warrants for or re- questing the extradition of the kidnapping parent can become a maze of bureaucracy for parents and local law enforcement offi- cials. Even when they succeed in persuading the Justice Depart- ment to seek extradition, the State Department may very well refuse to go forward with the request. In one case documented by the United States Information Agency (USIA) Crime Alert Program, one United States mother, whose son was abducted by her ex-husband to Prague in the Czech Republic, had a Federal arrest warrant sworn against her ex-husband. She made repeated efforts to have the FBI contact the U.S. embassy and the Czech authorities to carry out the warrant. Then, after months of no response by the FBI, the mother left her job and went to Prague, and in short order, she learned that her ex-husband and son indeed had been in Prague and had recently left on passports renewed by the State Department. The State Department claimed to have had no knowledge of the warrant or the kidnapping. Now, I have gone to great length with this prelude because this is a matter of great concern, as I know it is to you, and I doubly appreciate your coming here. VerDate 11-SEP-98 12:09 Mar 11, 1999 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 51772 sfrela2 PsN: sfrela2 3 These are the kinds of cases that should not occur and reflect a breakdown in coordination. So, I hope
Load more

Recommended publications
  • Uniform Child Abduction Prevention Act
    D R A F T FOR DISCUSSION ONLY UNIFORM CHILD ABDUCTION PREVENTION ACT ___________________________________________________ NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM LAWS ___________________________________________________ For November 2005 Drafting Committee Meeting WITH PREFATORY NOTE AND COMMENTS Copyright © 2005 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM LAWS The ideas and conclusions set forth in this draft, including the proposed statutory language and any comments or reporter’s notes, have not been passed upon by the National Conference of Commissioners on Uniform State Laws or the Drafting Committee. They do not necessarily reflect the views of the Conference and its Commissioners and the Drafting Committee and its Members and Reporters. Proposed statutory language may not be used to ascertain the intent or meaning of any promulgated final statutory proposal. DRAFTING COMMITTEE ON UNIFORM CHILD ABDUCTION PREVENTION ACT LYLE W. HILLYARD, 175 E. 1st N., Logan, Utah 84321, Chair CYNTHIA BOSCO, California Department of Developmental Services, 1600 9th St. Rm 240 MS 2-14, Sacramento, CA 95814 VINCENT C. DELIBERATO, JR., Legislative Reference Bureau, Room 641, Main Capitol Building, Harrisburg, PA 17120-0033 W. MICHAEL DUNN, P.O. Box 3701, 1000 Elm St., Manchester, NH 03105 GORMAN HOUSTON, JR., 400 20th St. N., Birmingham, AL 35203, Enactment Plan Coordinator PETER K. MUNSON, 123 South Travis St., Sherman, TX 75090 MARIAN P. OPALA, Supreme Court, State Capitol, Room 238, Oklahoma City, OK 73105 CAM WARD, P.O. Box 1749, Alabaster, AL 35007 LINDA D. ELROD, Washburn University School of Law, 1700 SW College, Topeka, KS 66621, Reporter EX OFFICIO HOWARD J. SWIBEL, 120 S. Riverside Plaza, Suite 1200, Chicago, IL 60606, President TOM BOLT, 5600 Royal Dane Mall, St.
    [Show full text]
  • Relevance and Fairness: Protecting the Rights of Domestic-Violence Victims and Left-Behind Fathers Under the Hague Convention on International Child Abduction
    BROWNE IN PRINTER PROOF 1/14/2011 1:02:54 PM Notes RELEVANCE AND FAIRNESS: PROTECTING THE RIGHTS OF DOMESTIC-VIOLENCE VICTIMS AND LEFT-BEHIND FATHERS UNDER THE HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION NOAH L. BROWNE† ABSTRACT Thirty years ago, the international community took a hard line against international parental kidnapping. The Hague Convention on the Civil Aspects of International Child Abduction allows parental child abduction only in rare circumstances, such as when returning the child would create a “grave risk” of harm. Recently, mothers who have abducted their children when fleeing domestic violence have successfully pled this grave-risk exception, demonstrating the Convention’s relevance to the realities of domestic violence. This Note welcomes that development, but argues that the rights of left-behind parents, who increasingly are fathers, must also be taken into account. Left-behind fathers, whether guilty of domestic violence or not, face significant challenges litigating their cases in the United States, and an overbroad interpretation of the grave-risk exception would only heighten these challenges. To remain fair, the Convention can—and must—consider the rights and realities of left-behind fathers. Copyright © 2011 by Noah L. Browne. † Duke University School of Law, J.D./LL.M. expected 2011; Central European University, M.A. 2007; Brandeis University, B.A. 2003. The author was previously an International Case Manager at the National Center for Missing & Exploited Children, which, prior to April 2008, managed cases of child abduction from other countries into the United States, on behalf of the United States Department of State. The author would like to thank Professor Doriane Coleman for her helpful insights, the DLJ staff for its editorial support, and Matt Smith for his invaluable edits, encouragement, and friendship.
    [Show full text]
  • Education Materials
    The Down Town Association 60 Pine Street New York, NY 10005 Co-Sponsor: American Academy of Matrimonial Lawyers – New York Chapter INTERNATIONAL FAMILY LAW APRIL 28 - 29, 2017 WAINWRIGHT ROOM FRIDAY PROGRAM 8:00 AM – 9:00 AM REGISTRATION & BREAKFAST 9:00 AM – 9:10 AM INTRODUCTION NANCY ZALUSKY BERG, MINNEAPOLIS, MINNESOTA 9:10 AM – 10:25 AM COMMON LAW, CIVIL LAW & MATRIMONIAL REGIMES WILLIAM LONGRIGG, LONDON, ENGLAND CHARLOTTE BUTRUILLE-CARDEW, PARIS, FRANCE SANDRA VERBURGT, THE HAGUE NETHERLANDS 10:25 AM – 11:40 AM INTERNATIONAL PRENUPTIAL AGREEMENTS RACHAEL KELSEY, EDINBURGH, SCOTLAND CHARLOTTE BUTRUILLE-CARDEW, PARIS, FRANCE OREN WEINBERG, TORONTO, CANADA THOMAS SASSER, WEST PALM BEACH, FLORIDA DONALD SCHUCK, NEW YORK, NEW YORK ERIC WRUBEL, NEW YORK, NEW YORK 11:40 AM – 12:00 PM DISCUSSION AND BREAK 12:00 PM – 12:50 PM INTERNATIONAL SURROGACY ISSUES AND COMPARATIVE ANALYSIS OF THE USE OF GENETIC MATERIAL THROUGHOUT THE WORLD MICHAEL STUTMAN, NEW YORK, NEW YORK NANCY ZALUSKY BERG, MINNEAPOLIS, MINNESOTA 12:50 PM – 1:00 PM DISCUSSION 1:00 PM – 2:00 PM LUNCH AT THE DOWN TOWN ASSOCIATION 2:00 PM – 3:15 PM ENFORCEMENT, DOMESTICATION AND REGISTRATION OF ORDERS AND THE TREATMENT OF ALIMONY WORLDWIDE CHARLOTTE BUTRUILLE-CARDEW, PARIS, FRANCE LAWRENCE KATZ, MIAMI, FLORIDA NICHOLAS LOBENTHAL, NEW YORK, NEW YORK WILLIAM LONGRIGG, LONDON, ENGLAND THOMAS SASSER, WEST PALM BEACH, FLORIDA 3:15 PM – 3:30 PM BREAK 3:30 PM – 4:20 PM HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW: HOW IT WORKS AND WHAT IT DOES DANIEL KLIMOW, U.S. DEPT. OF STATE ROBERT ARENSTEIN, NEW YORK, NEW YORK WILLIAM LONGRIGG, LONDON, ENGLAND 4:20 PM – 4:30 PM DISCUSSION AND CLOSING REMARKS The AAML NY Chapter is accredited by the NYS CLE Board as a CLE provider for live presentations for the period October 2, 2014 through October 1, 2017.The total number of hours of CLE credit approved by the NYS CLE Board for this program is 6.5 hours in Areas of Professional Practice.
    [Show full text]
  • The Hague Convention on the Civil Aspects of International Child Abduction in Cases Involving Allegations of Domestic Violence a Minnesota Bench Guide
    The Hague Convention on the Civil Aspects of International Child Abduction in Cases Involving Allegations of Domestic Violence A Minnesota Bench Guide October 2011 The Hague Convention on the Civil Aspects of International Child Abduction in Cases Involving Allegations of Domestic Violence A Minnesota Bench Guide October 2011 FOREWORD Domestic violence is a national and international problem that affects women and children substantially and involves some of the hardest decisions that judges will have to make. It is with great pleasure and humility that we submit this bench guide for your consideration. As judges we are acutely aware that unique legal issues, like those involving the Hague Convention, may only come before you once in your judicial career. We have attempted to put together all the information you will need to know to arrive at a sound decision based on the most recent and relevant law. We are hopeful that you will find this guide useful and enlightening. It is our hope that you will refer to this bench guide and that it will aid in your deliberation of the weighty decisions with which you will be faced. We will attempt to update this bench guide periodically so that you will be abreast of all relevant law in the area. You may also refer to the website that has been created by the Hague Domestic Violence Project at http://www.haguedv.org/, which contains resources for mothers, advocates, attorneys and Judges. With Best Regards, Judge Pamela G. Alexander, President, Minnesota Council on Crime and Justice Judge John R. Tunheim, United States District Court, District of Minnesota The Hague Convention and Domestic Violence Minnesota Task Force has prepared this bench guide for judges, attorneys, and domestic violence advocates who are confronted with a Hague petition involving women and children fleeing domestic violence.
    [Show full text]
  • 2020 Human Rights Report
    IRAQ 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Iraq is a constitutional parliamentary republic. The 2018 parliamentary elections, while imperfect, generally met international standards of free and fair elections and resulted in the peaceful transition of power from Prime Minister Haider al-Abadi to Adil Abd al-Mahdi. Widespread protests that began in October 2019 led to the resignation of al-Mahdi on December 1, 2019, and triggered a five-month period of government formation. Mustafa al-Kadhimi, acting director of the Iraqi National Intelligence Service, secured confirmation as prime minister by the Iraqi Council of Representatives on May 6 after announcing commitments to hold early elections in 2021, provide judicial accountability for violence during the previous year’s protests, bring all arms under state control, and address systemic and widespread corruption within Iraqi government institutions. Numerous domestic security forces operate throughout the country. Iraqi Security Forces are organized administratively within the Ministries of Interior and Defense, as well as within the quasi-ministerial Counterterrorism Service. The Ministry of Interior is responsible for domestic law enforcement and maintenance of order; it oversees the Federal Police, Provincial Police, Facilities Protection Service, Civil Defense, and Department of Border Enforcement. Energy police, under the Ministry of Oil, are responsible for providing energy infrastructure protection. Conventional military forces under the Ministry of Defense are responsible for the defense of the country but also carry out counterterrorism and internal security operations in conjunction with the Ministry of Interior. The Counterterrorism Service reports directly to the prime minister and oversees the Counterterrorism Command, an organization that includes three brigades of special operations forces.
    [Show full text]
  • Family Abduction Prevention and Response
    in cooperation with the Family Abduction Prevention and Response FAMILY ABDUCTION: PREVENTION AND RESPONSE - Family Abduction Prevention and Response 2009 Sixth Edition Revised by Patricia M. Hoff, Esquire Copyright © 1985, 2002, and 2009 National Center for Missing & Exploited Children®. All rights reserved. Charles B. Wang International Children’s Building 699 Prince Street Alexandria, Virginia 22314-3175 U.S.A. 1-800-THE-LOST® (1-800-843-5678) This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. The publisher is distributing this publication with the understanding that neither it nor the author is engaged in rendering legal advice or other professional services herein. If legal advice or other expert assistance is required, professional services should be sought. This project was supported by Grant No. 2007-MC-CX-K001 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, National Center for Missing & Exploited Children, or American Bar Association. National Center for Missing & Exploited Children®, 1-800-THE-LOST®, and CyberTipline® are registered service marks of the National Center for Missing & Exploited Children. FAMILY ABDUCTION: PREVENTION AND RESPONSE - - FAMILY ABDUCTION: PREVENTION AND RESPONSE Contents Acknowledgments…v A Message to the Reader…vii Glossary by Patricia M. Hoff…ix Family-Abduction Prevention and Action Checklist by Patricia M. Hoff…1 Preventing Abductions by Patricia M. Hoff…9 Chapter Overview…9 Get a Valid, Enforceable Custody Order…11 Prevention Provisions in the Custody Order…11 Preventing International Abductions and Wrongful Retentions…17 Practical Things Parents Can Do to Reduce the Risk of Abduction…20 Civil-Court Remedies If Your Child Is Abducted by Patricia M.
    [Show full text]
  • Family Lawyer
    Pennsylvania Family Lawyer VOLUME 39 ISSUE NO. 1 MARCH/APRIL 2017 THE CONSTITUTION AND BEST IN THIS ISSUE INTERESTS: A STUDY IN CONFLICT FROM THE CHAIR ..........................................1 FROM THE EDITOR ........................................3 By Mark R. Ashton, Esq. ARTICLES: [email protected] Community Service Proves Effective Tool for Collection of Child Support ...............................6 I recently at- rights secured by the federal and state con- tended a seminar stitution. Surviving Spouse Forfeits Intestate Share Due to produced by In an ironic twist, the Pennsylvania Extramarital Affairs ...........................................8 the Family Law Divorce Code enacted in 1980 begins by Article for Judges, Lawyers and Psychologists Section on the role telling us that the family is the basic unit Groups: Parenting Plan Form .........................10 of psychological of our society, the preservation of which “No, I Don’t Want to be CC’ed On All of Your evaluations in is a paramount concern. 23 Pa. C.S. 3102. Email” Tools To Simplify Client Communication ................................................23 the context of Add to that the definition of what consti- custody proceed- tutes “family” has evolved more in the The Custody Case Where Everything Went Wrong ...............................................................23 Mark R. Ashton ings. The seminar past 35 years than in the millennium that participants prop- precedes it. The legislators who passed the Step Parents Stepping Up to Pay erly focused attention upon issues using 1980 Divorce Code contemplated what Child Support ...................................................26 the ubiquitous “best interests” analysis we will call the “Biblical Family.” It was a Does Empathy Guide or Hinder referenced in nearly every Pennsylvania simple definition; man, woman, child. The Moral Action? ..................................................27 appellate decision rendered in the last half doctrine of in loco parentis did exist even Doggone It! Court Cannot Condone Canine century.
    [Show full text]
  • The Hague Convention on the Civil Aspects of International Child Abduction and the Latent Domestic Relations Exception to Federal Question Jurisdiction
    University of Missouri School of Law Scholarship Repository Faculty Publications Faculty Scholarship Summer 2016 The Hague Convention on the Civil Aspects of International Child Abduction and the Latent Domestic Relations Exception to Federal Question Jurisdiction Sam F. Halabi University of Missouri School of Law, [email protected] Follow this and additional works at: https://scholarship.law.missouri.edu/facpubs Part of the Criminal Law Commons, and the Jurisdiction Commons Recommended Citation Sam Halabi, The Hague Convention on the Civil Aspects of International Child Abduction and the Latent Domestic Relations Exeption to Federal Question Jurisdiction, 41 N.C. J. Int'l L. 691 (2016). This Article is brought to you for free and open access by the Faculty Scholarship at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Harbison, Ashley 10/16/2017 For Educational Use Only THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF..., 41 N.C. J. Int'l L. 691 41 N.C. J. Int'l L. 691 North Carolina Journal of International Law Summer, 2016 Article Sam F. Halabi d1 Copyright © 2015 by North Carolina Journal of International Law, Inc.; Sam F. Halabi THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND THE LATENT DOMESTIC RELATIONS EXCEPTION TO FEDERAL QUESTION JURISDICTION I. Introduction 692 II. The Increasing Influence of International Law on the Scope of the Constitutional 696 “Judicial Power” and the Implementation of the Hague Child Abduction Convention A.
    [Show full text]
  • Civil Law and Justice Legislation Amendment Bill 2017 (Cth)
    Civil Law and Justice Legislation Amendment Bill 2017 (Cth) AUSTRALIAN HUMAN RIGHTS COMMISSION SUBMISSION TO THE SENATE LEGAL AND CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE 13 April 2017 ABN 47 996 232 602 Level 3, 175 Pitt Street, Sydney NSW 2000 GPO Box 5218, Sydney NSW 2001 General enquiries 1300 369 711 Complaints info line 1300 656 419 TTY 1800 620 241 Australian Human Rights Commission Civil Law and Justice Legislation Amendment Bill 2017, Senate inquiry – April 2017 Table of Contents Australian Human Rights Commission submission to the Senate Legal and Constitutional Affairs Legislation Committee .......................................... 1 1 Introduction .............................................................................................................. 3 2 Summary .................................................................................................................. 3 3 Recommendations ................................................................................................... 3 4 Amendments to the Family Law Act 1975 (Cth) ..................................................... 5 4.1 International parental child abduction ..................................................... 5 (a) The rights of the child ............................................................................... 6 4.2 Use of force................................................................................................. 9 5 Amendments to the Marriage Act 1961 (Cth) ........................................................13
    [Show full text]
  • The Problem of Parental Relocation: Closing the Loophole in the Law of International Child Abduction
    The Problem of Parental Relocation: Closing the Loophole in the Law of International Child Abduction Maryl Sattler∗ Table of Contents I. Introduction ................................................................................ 1710 II. The Abduction-Relocation Problem ........................................... 1715 A. Laws and Treaties Designed to Protect Against International Child Abduction ............................... 1715 1. The Hague Convention ................................................. 1715 2. The International Parental Kidnapping Crime Act ....... 1717 B. Relocation Disputes in the United States ............................ 1718 1. The Role of the Court ................................................... 1720 2. General Considerations ................................................. 1721 3. Considerations Specific to International Moves ........... 1722 4. Judicial Approaches to the Problem of Enforceability ............................................................... 1725 5. Model Approaches ........................................................ 1728 a. American Law Institute: Principles of the Law of Family Dissolution ..................................... 1728 b. American Academy of Matrimonial Lawyers Model Relocation Act ............................................ 1729 6. Constitutional Considerations ....................................... 1730 a. Parental Rights ....................................................... 1730 b. Right to Travel ........................................................ 1733
    [Show full text]
  • Health Care and the Elderly: Albany Agenda
    FAMILY LAW REVIEW INDEX (2000-present) Title Author Vol. No. Issue Yr. Pg. Stipulations in Open Court—A Dangerous Practice Samuelson, Elliot D. 32 1 SPRING 2000 1 Who Decides Who Decides: Child Custody Jurisdiction Jacobson, Sandra W. 32 1 SPRING 2000 3 Judicial Alchemy: Turning Losses into Marital Assets Dobrish, Robert Z.; 32 1 SPRING 2000 5 Milone, Lydia A. The Innocent Spouse Rule; Or Where Ignorance Is Bliss Jacobson, Sandra W. 32 1 SPRING 2000 15 The Grunfeld Dilemma Samuelson, Elliot D. 32 2 SUMMER 2000 1 Grunfeld Revisited: . Again Gellman, Stuart A. 32 2 SUMMER 2000 4 ERISA Revisited: Plan? What Plan? Jacobson, Sandra W. 32 2 SUMMER 2000 8 So What's a Grandparent to Do? Duggan, W. Dennis 32 2 SUMMER 2000 10 Nursing Home Spousal Support Cases: Do Hard Cases Always Make Bad McLane, Daniel 32 2 SUMMER 2000 12 Law? A Retrospective Johnson, Martin T. 32 3 FALL/WIN 2000 2 Twenty-Five Years of Excellence Samuelson, Elliot D. 32 3 FALL/WIN 2000 3 Dual Divorce—November 1975 Kalman, Benjamin 32 3 FALL/WIN 2000 4 Notes and Comments—May 1976 Samuelson, Elliot D. 32 3 FALL/WIN 2000 7 The Merger or Survival of Settlement Agreements: A Trap for the Moran, Eugene J. 32 3 FALL/WIN 2000 9 Unwary—March 1977 Drafting the Separation Agreement—the New Horizon—March 1978 Fisher, Mitchell Salem 32 3 FALL/WIN 2000 14 No Payola for Triola—September 1979 Perles, Julia 32 3 FALL/WIN 2000 18 Notes and Comments—September 1980 Samuelson, Elliot D.
    [Show full text]
  • Guatemala 2016 Human Rights Report
    GUATEMALA 2016 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Guatemala is a multiparty constitutional republic. On January 14, Jimmy Morales of the National Convergence Front (FCN) party was sworn into office for a four- year term as president. International observers considered the presidential election held in 2015 as generally free and fair. Civilian authorities at times did not maintain effective control over the security forces. Principal human rights abuses included widespread institutional corruption, particularly in the police and judicial sectors; security force involvement in serious crimes, such as kidnapping, drug trafficking, trafficking in persons, and extortion; and societal violence, including lethal violence against women. Other human rights problems included arbitrary or unlawful killings, abuse and mistreatment by National Civil Police (PNC) members; harsh and sometimes life- threatening prison conditions; arbitrary arrest and detention; prolonged pretrial detention; failure of the judicial system to conduct full and timely investigations and fair trials; government failure to fully protect judicial officials, witnesses, and civil society representatives from intimidation and threats; and internal displacement of persons. In addition, there was sexual harassment and discrimination against women; child abuse, including the commercial sexual exploitation of children; discrimination and abuse of persons with disabilities; and trafficking in persons and human smuggling, including of unaccompanied children. Other problems included marginalization of indigenous communities and ineffective mechanisms to address land conflicts; discrimination on the basis of sexual orientation and gender identity; and ineffective enforcement of labor and child labor laws. The government cooperated with the UN-backed International Commission against Impunity in Guatemala (CICIG) to strengthen the rule of law and prosecute officials who committed abuses.
    [Show full text]