Journal Article

Filling the Gaps with Public Policy: the Application of the Hague Convention Protocol in US Courts in the Absence of a Co-Signing State

Andrew A. Zashin, Christopher R. Reynolds and Amy M. Keating

in International Journal of Law, Policy and the Family

Volume 28, issue 2, pages 121-134
Published in print August 2014 | ISSN: 1360-9939
Published online June 2014 | e-ISSN: 1464-3707 | DOI: https://dx.doi.org/10.1093/lawfam/ebu006
Filling the Gaps with Public Policy: the Application of the Hague Convention Protocol in US Courts in the Absence of a Co-Signing State

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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.

Journal Article.  7333 words. 

Subjects: Family Law ; Law and Society ; Politics and Law ; Marriage and the Family

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