With a majority opinion by Justice Ginsburg, the US Supreme Court addressed the long-standing federal circuit split on the standard for determination of habitual residence under the Hague Child Abduction Convention in Monasky v. Taglieri, 589 U.S. ___ (2020). The Court held that "a child's habitual residence depends on the totality of the circumstances specific to the case," rejecting the argument that proof of an actual agreement between the parents is necessary to establish an infant's habitual residence.
April 2018 saw the release of two annual reports from the U.S. State Department prepared by Office of Children's Issues (OCI). The Annual Report on Intercountry Adoption for FY 2017 showed another drop in the number of incoming adoptions with a total of 4714, with the largest numbers of children coming to the U.S.
Delegates and observers from more than sixty nations and fourteen NGOs met in The Hague from October 10-17, 2017, to consider the practical operation of two Hague agreements: the 1980 Child Abduction Convention and the 1996 Child Protection Convention. Materials from Special Commission meeting, including the final Conclusions and Recommendations, are available on Hague Conference website (here).
The State Department Annual Report on International Child Abduction (April 2017) presents information on a country-by-country basis for all countries with which the U.S. had one or more pending child abduction cases in 2016, identifying a group of thirteen countries "determined to have been engaged in a pattern of noncompliance" in child abduction cases.
Under the new reporting requirements of the 2014 Sean and David Goldman International Child Abduction Prevention and Return Act (ICAPRA), the Office of Children's Issues (OCI) generated two reports for 2015.
After several years of consideration, Congress enacted H.R. 3212, the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014, named for the New Jersey child and father whose story had extensive news coverage before Sean was returned from Brazil to his father's custody in December 2009.
1980 Child Abduction Convention. The number of Contracting States for the Abduction Convention has increased to 92 with ratification by Japan, effective April 1, 2014, and accession by Iraq, effective June 1, 2014.
Two important statistical reports come from the Office of Children’s Issues in the US State Department each spring. In March 2014, OCI released its Annual Report on Intercountry Adoption, which showed a total of 7,094 incoming adoptions and 84 outgoing adoptions during fiscal year 2013.
Japan deposited its instrument of ratification for the Hague Child Abduction Convention on Friday, January 24, 2014 and became the 91st contracting state. The Convention will enter into force for Japan on April 1.
At the end of its term last week, the U.S. Supreme court granted review in Lozano v. Alvarez to consider the issue of “equitable tolling” in cases under Article 12 of the Hague Child Abduction Convention. The opinion from the Second Circuit, which refused to permit tolling, is at 697 F.3d 41 (2d Cir.