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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. -
Parental Kidnapping How to Prevent an 'Abduction and S
If you have issues viewing or accessing this file contact us at NCJRS.gov. -...... N(' , "j NATIONAL CENTER FOR III&4iINC; I~XI• .A)Ir"I~I) L....-l...----I CHILDREN Parental Kidnapping How to Prevent an 'Abduction and s. What to Do j If Your Child !i • II Is Abducted " :1 n ~ I ,! II'I f! II " \1 Ii i it 11 it IIIi I, : i I; ! \ ,~ \, ; ; I : I ' , j , ! i • , () I 1 $ : --~-, ..,...----- ," The National Center for Missing and Exploited Children "\ - provides training assistance to law-enforcement and child protection agencies to develop effective procedures to investigate and prosecute cases of missing and exploited children - assists individuals, groups, agencies, and state and local governments involved in inves tigating and prosecuting cases of criminally or sexually exploited children - provides information and advice on effective state legislation to assure the safety and protection of children - provides prevention and education programs for parents, schools, action groups, agencies, communities, volunteer organizations, law enforcement, and local, state, and federal institutions - distributes comprehensive instruction packages to aid communities in protecting children - organizes networks of information among school systems, school boards, parent-teacher organizations, and community organizations abollt proven techniques for implementing educational programs - conducts an outreach program to alert families, communities, the criminal justice system, and concerned organizations about the nature and extent of child victimization -
Where Have All the Children Gone? an Empirical Study of Child Abandonment and Abduction in China
NBER WORKING PAPER SERIES WHERE HAVE ALL THE CHILDREN GONE? AN EMPIRICAL STUDY OF CHILD ABANDONMENT AND ABDUCTION IN CHINA Xiaojia Bao Sebastian Galiani Kai Li Cheryl Long Working Paper 26492 http://www.nber.org/papers/w26492 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 November 2019, Revised April 2020 The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. At least one co-author has disclosed a financial relationship of potential relevance for this research. Further information is available online at http://www.nber.org/papers/w26492.ack NBER working papers are circulated for discussion and comment purposes. They have not been peer-reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2019 by Xiaojia Bao, Sebastian Galiani, Kai Li, and Cheryl Long. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Where Have All the Children Gone? An Empirical Study of Child Abandonment and Abduction in China Xiaojia Bao, Sebastian Galiani, Kai Li, and Cheryl Long NBER Working Paper No. 26492 November 2019, Revised April 2020 JEL No. J12 ABSTRACT In the past 40 years, a large number of children have been abandoned or abducted in China. We argue that the implementation of the one-child policy has significantly increased both child abandonment and child abduction and that, furthermore, the cultural preference for sons in China has shaped unique gender-based patterns whereby a majority of the children who are abandoned are girls and a majority of the children who are abducted are boys. -
Chickasaw Nation Code Title 6, Chapter 2
Domestic Relations & Families (Amended as of 08/20/2021) CHICKASAW NATION CODE TITLE 6 "6. DOMESTIC RELATIONS AND FAMILIES" CHAPTER 1 MARRIAGE ARTICLE A DISSOLUTION OF MARRIAGE Section 6-101.1 Title. Section 6-101.2 Jurisdiction. Section 6-101.3 Areas of Jurisdiction. Section 6-101.4 Applicable Law. Section 6-101.5 Definitions of Marriage; Common Law Marriage. Section 6-101.6 Actions That May Be Brought; Remedies. Section 6-101.7 Consanguinity. Section 6-101.8 Persons Having Capacity to Marry. Section 6-101.9 Marriage Between Persons of Same Gender Not Recognized. Section 6-101.10 Grounds for Divorce. Section 6-101.11 Petition; Summons. Section 6-101.12 Notice of Pendency Contingent upon Service. Section 6-101.13 Special Notice for Actions Pending in Other Courts. Section 6-101.14 Pleadings. Section 6-101.15 Signing of Pleadings. Section 6-101.16 Defense and Objections; When and How Presented; by Pleadings or Motions; Motion for Judgment on the Pleadings. Section 6-101.17 Reserved. Section 6-101.18 Lost Pleadings. Section 6-101.19 Reserved. Section 6-101.20 Reserved. Section 6-101.21 Reserved. Section 6-101.22 Reserved. Section 6-101.23 Reserved. Page 6-1 Domestic Relations & Families Section 6-101.24 Reserved. Section 6-101.25 Reserved. Section 6-101.26 Reserved. Section 6-101.27 Summons, Time Limit for Service. Section 6-101.28 Service and Filing of Pleadings and Other Papers. Section 6-101.29 Computation and Enlargement of Time. Section 6-101.30 Legal Newspaper. Section 6-101.31 Answer May Allege Cause; New Matters Verified by Affidavit. -
Shared Parenting Laws: Mistakes of Pooling? Margaret F
Notre Dame Law School NDLScholarship Journal Articles Publications 2014 Shared Parenting Laws: Mistakes of Pooling? Margaret F. Brinig Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Family Law Commons Recommended Citation Margaret F. Brinig, Shared Parenting Laws: Mistakes of Pooling?, Notre Dame Legal Studies Paper No. 1426 (August 14, 2014). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1116 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Shared Parenting Laws: Mistakes of Pooling? Margaret F. Brinig, Notre Dame Law School In their recent paper “Anti-Herding Regulation,” forthcoming in the Harvard Business Review,1 Ian Ayres and Joshua Mitts argue that many well-intentioned public policy regulations potentially harm rather than help situations. That is, because the rules seek to pool—or herd—groups of people, treating them as equal, they miss or mask important differences among the regulated, thus magnifying systematic risk. Anti- herding regulation, on the other hand, can produce socially beneficial information, in their words steering “both private and public actors toward better evidence-based outcomes.” Left to their own, or with various carrot-and-stick incentives, some groups, anyway, would instead fare better if allowed to separate or diverge. Ayres and Mitts buttress their case with examples from engineering (bridges collapsing because soldiers crossed them in cadences matched to the structures’ oscillations), finance (mandating only low percentages down for real estate purchasers), biodiversity and ecosystem stability, and genetic variation itself. -
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. -
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. -
Child Trafficking Ka Hye Chin
Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 5-1-2014 Growing Problem in Rural Areas: Child Trafficking Ka Hye Chin Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Recommended Citation Chin, Ka Hye, "Growing Problem in Rural Areas: Child Trafficking" (2014). Law School Student Scholarship. 420. https://scholarship.shu.edu/student_scholarship/420 Growing problem in rural areas: Child Trafficking Ka Hye Chin A nine month-year-old boy, Ruicong, was playing outside of his home with his sister.1 While he was playing, a white van slowly approached him with the door open, and a man leaned out and grabbed him.2 Yuan Xinquan, a 19 year-old father, was standing at a bus stop while holding his 52-day-old daughter.3 Then a white government van suddenly approached and asked him to show his marriage certification.4 When Mr. Yuan was unable to produce his certification because he was below the legal age for marriage, family planning officials subsequently snatched his daughter. 5 In the Southern part of Hunan Province, Duan Yuelin ran his family business, and his business made $ 3,000 a month, which indicates “unimaginable riches for uneducated Chinese rice farmers”.6 The main customers of his business were orphanages governed by government, and the merchandise he had sold was newborn babies.7 As illustrated above, these stories are not uncommon in China. China is a source, transit, and destination country for human trafficking of women and children who are the most vulnerable targets due to lack of inability to defend themselves. -
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. -
Child Custody Arrangements: Say What You Mean, Mean What You Say
Land & Water Law Review Volume 31 Issue 2 Article 15 1996 Child Custody Arrangements: Say What You Mean, Mean What You Say DeNece Day Koenigs Kimberly A. Harris Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Koenigs, DeNece Day and Harris, Kimberly A. (1996) "Child Custody Arrangements: Say What You Mean, Mean What You Say," Land & Water Law Review: Vol. 31 : Iss. 2 , pp. 591 - 621. Available at: https://scholarship.law.uwyo.edu/land_water/vol31/iss2/15 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Koenigs and Harris: Child Custody Arrangements: Say What You Mean, Mean What You Say Comment CHILD CUSTODY ARRANGEMENTS: Say What You Mean, Mean What You Say INTRODUCTION In Wyoming, custody battles place judges and court commissioners in King Solomon's' position nearly everyday as they are asked to split children between divorcing parents.2 Of course, judges and commissioners do not wield swords, but they do use legal terms which are often inade- quate and misused.' Unfortunately, the modem day result, though not as graphic as that from the Bible, is just as severe. As many as one in every two marriages will result in divorce.4 Thirty percent of children today will be the focus of a custody decision., For too many of these children, their lives will be adversely affected by an improper custody arrangement caused by the erroneous use of the term "joint custody." 6 The law as it stands in Wyoming does not adequately consider the non-legal aspects of custody or give practitioners and judges the guidance necessary to make appropriate custody determinations.' Gurney v. -
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 -
Divorce, Annulment, and Child Custody
DIVORCE, ANNULMENT, AND CHILD CUSTODY : DISCLAIMER The information on this page is intended for educational purposes only. It is not legal advice. If you have specific questions, or are experiencing a situation where you need legal advice, you should contact an attorney. Student Legal Services makes every effort to ensure the accuracy of the information on this page. However, the law changes frequently and this site should not be used as a substitute for legal advice. It is highly recommended that anyone accessing this page consult with an attorney licensed in the state of Wyoming prior to taking any action based on the information provided on this page. DIVORCE A divorce is when two individuals petition the court to formally end their marriage. Divorce includes the division of marital property. If a couple has children, the court also will determine the custody arrangement for those children. You can learn more about divorce on the Equal Justice Wyoming website here. It is possible to complete the divorce process without an attorney. Completing the process without an attorney is called a “pro se divorce.” Divorces without attorneys are easiest when there are no children and the parties agree about the majority of the property distribution. You can access directions and packets for a pro se divorce here. ANNULMENT An annulment is when the marriage is dissolved as if it never existed. It is very hard to receive an annulment and most marriages will not qualify. Annulments occur in two situations. When the marriage is void and when the marriage is voidable. VOID MARRIAGES: When a marriage is void, it means that the marriage could not have taken place under the law—therefore it does not exist.