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- Title
Filling the Gaps with Public Policy: the Application of the Hague Convention Protocol in US Courts in the Absence of a Co-Signing State.
- Authors
Zashin, Andrew A.; Reynolds, Christopher R.; Keating, Amy M.
- Abstract
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.
- Subjects
JAPAN; CONVENTION on the Civil Aspects of International Child Abduction (1980 October 25); CHILD abduction laws; PARENTAL kidnapping; CUSTODY of children; INTERPRETATION &; construction of international law; DOMESTIC relations; INTERPRETATION &; construction of American law; LAW
- Publication
International Journal of Law, Policy & the Family, 2014, Vol 28, Issue 2, p121
- ISSN
1360-9939
- Publication type
Case Study
- DOI
10.1093/lawfam/ebu006