Filling the Gaps with Public Policy: The Application of the Hague Convention Protocol in US Courts in the Absence of a Co-Signing State
This article will consider a possible avenue for filling 'gaps' when the 1980 Hague Abduction Convention or the 1996 Child Protection Convention do not apply in child custody/abduction cases. Specifically, it will explore utilizing internal US domestic relations law to facilitate the return of a child who has been abducted to the USA from a non-signatory country. To better illustrate the potential effects, the article will explore this 'gap filler' through the lens of a case study involving Japan, the most prominent first world country that is not yet a signatory to the Convention. The article also considers the implications for the international community.
Custody, Abduction, 1980 Hague Abduction Convention, 1996 Child Protection Convention
28 International Journal of Law, Policy and the Family 121 (2014)
Zashin, Andrew A.; Reynolds, Christopher R.; and Keating, Amy M., "Filling the Gaps with Public Policy: The Application of the Hague Convention Protocol in US Courts in the Absence of a Co-Signing State" (2014). Faculty Publications. 2104.