New Child Abduction Bill introduced in the House
Rep. Christopher Smith has introduced H.R. 1940, the International Child Abduction Prevention and Return Act of 2011. Among other provisions, the bill would extend new authority to the President and the State Department to respond to countries deemed to have a “pattern of noncompliance” with the Hague Child Abduction Convention. Information on the bill is available here.
Cert Petition on Habitual Residence Issue
Citing the emerging split within the U.S. Court of Appeals on the test for determination of habitual residence, lawyers have filed a petition for certiorari in the Supreme Court in Heydt-Benjamin v. Heydt-Benjamin. The case was decided by the Second Circuit in an unpublished decision in December 2010 (available at 2010 WL 5294639). The court cited its previous ruling in Gitter v. Gitter, 396 F.3d 124 (2d Cir.
Will Japan Ratify the Abduction Convention?
The Japanese Cabinet announced plans today to introduce legislation by the end of the year to ratify the Hague Child Abduction Convention. Here’s the coverage in the New York Times: Norimitsu Onishi, “Japan Closer to Joining International Child Custody Pact;” the Wall Street Journal: Yoree Koh, “Japan Moves to Join Child Custody Accord;” and the Associated Press (on the NPR web site):
House Plans Hearing on Child Abduction
The House Foreign Affairs Committee’s Subcommittee on Africa, Global Health and Human Rights, chaired by Christopher Smith (R-NJ) has scheduled a hearing on Tuesday, May 24, 2011 at 2 pm, called “International Child Abduction: Broken Laws and Bereaved Lives.” The announcement, including a list of witnesses, is here.
EU signs Child Support Convention; Andorra joins Abduction Convention
During the annual General Affairs and Policy meeting of the Hague Conference, the European Union signed the 2007 Child Support Convention and announced that it will become party to the Convention, binding all EU member states, in 2012. At the same meeting, Andorra deposited its instruments of ratification for the Child Abduction Convention, becoming the 85th Contracting State. The news is posted here.
Haiti signs the Adoption Convention
Haiti signed the 1993 Hague Intercountry Adoption Convention on March 2, 2011, signalling “its wish and intention to reform its child protection system, as well as its intercountry adoption system, which is an essential starting point for ratification of the Convention.” The announcement from the Hague Conference is here.
ACPIL Meeting on Abduction Convention Protocol
In preparation for the Special Commission meeting in June 2011 to review operation of the Hague Abduction Convention, the Office of Private International Law of the U.S. State Department has scheduled public meeting of the Advisory Committee on International Law for Friday, March 4, 2011, from 9:30 am to 1:30 pm in Room 1107 of the Harry S.
State Department Releases 2010 Adoption Report
The State Department has released its annual adoption report for Fiscal Year 2010. The report shows a total of 11,059 incoming intercountry adoptions, based on the number of visas issued in both Hague and non-Hague cases. This compares with a total of 12,753 in fiscal year 2009, and 22,990 at the high point in fiscal year 2004. There were 43 outgoing Hague adoption cases during the fiscal year, primarily from Florida (27).
Hague Conference News
- The Hague Conference on Private International Law has scheduled the Sixth Special Commission meeting to review the practical operation of the Child Abduction Convention and the Child Protection Convention in two parts. Part I will take place on June 1 to 11, 2011, and Part II is tentatively scheduled for January 2012.
- The Hague Conference has now grown to 72 members, with the recent addition of Costa Rica and Mauritius.
- At the end of 2010, eight European nations joined the Child Protection Convention, bringing the total number of Contracting States to 29, and Singapor