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TCL > February 2013 Issue > The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers

The Colorado Lawyer
February 2013
Vol. 42, No. 2 [Page  60]

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Review of Legal Resources

The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers
Reviewed by Stephen A. Braunlich

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The Hague Abduction Convention:
Practical Issues and Procedures for Family Lawyers

by Jeremy D. Morley
404 pp.; $149
ABA Publishing, 2012
321 N. Clark St., Chicago, IL 60610-4714
(800) 285-2221; www.ababooks.org

Reviewed by Stephen A. Braunlich

Stephen A. Braunlich is a U.S. Air Force Judge Advocate stationed at Malmstrom Air Force Base in Montana, where he serves as Chief of Administrative Discharges—(757) 784-5532, sabraunlich@gmail.com. The views expressed are his own and are not endorsed by the U.S. Air Force or the Department of Defense.

A family law attorney—and even a district judge—may go his or her entire career having never dealt with the issue of international child abduction.1 Should the issue ever arise, there would be no better book to have on a law library shelf than Jeremy Morley’s The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers. Morley, an international family law attorney working in New York, has applied his experience with the Hague Convention on the Civil Aspects of International Child Abduction (Convention) to write a trenchant and valuable guide useful to advocates and adjudicators.

The Convention deals with a narrow question of law: when must a child who was abducted from a country in which a person other than the abductor had a right of custody be returned to that country? This is a narrow question, and it is one that could have incredible implications. For example, many child abductions frequently arise from mothers fleeing domestic violence. In other cases, custodial parents in international relationships find the relationship does not work and one parent then tries to find a way home with his or her child or children. The children caught in these situations may be subjected to psychological and even physical harm. Therefore, any attorney dealing with an international child abduction will want to make sure he or she has a firm grasp of the applicable law. Morley gives them that grasp.

The book’s structure is sensible and utilitarian. It opens with the Convention’s history, policy rationales, and processes (at a very high level of generality). Morley explains the requirements a petitioner must meet to make a claim under the Convention: that the petitioner has custody rights and that the child was taken from a country of habitual residence. Having explained the basis for petitions under the Convention, Morley next turns to common shields to defend against petitions. The book’s substantive sections close by considering situations in which a habitual residence is not a signatory to the Convention or mere international travel may turn into international child abduction. Several appendixes containing the Convention, enabling legislation, and the official commentary follow the substantive sections.

The strongest selling point of the book is the author’s ability to guide readers through American and international case law for the benefit of both petitioners and respondents. For any of the issues in which there is a divergence of law, the reader finds the most frequently cited cases in favor of and opposing each of the viewpoints. Where the law is clear but fact-driven, Morley provides citations to cases that draw out key analogous facts for the advocate representing the petitioner or respondent in an abduction case. In doing so, he eases the path forward for attorneys unfamiliar with this area of law.

The book’s target audience is attorneys litigating international child abduction cases; however, it also is a worthwhile read for anyone advising immigrants, prospective expatriates, and service members. For example, a client in these groups with children may have orders to make a permanent change of station overseas or may decide to move home. Proactive attorneys may preempt Convention litigation by ensuring that parenting plans for these clients include consent to bring a child overseas or, in the alternative, expressly withholding that consent. At the very least, this will build a record for later petitions under the Convention.

If there is one criticism that can be lodged against the publication it is that the accompanying CD adds little if any value, and simply may drive up the retail cost of the book. The CD merely provides electronic access to the seven appendixes in PDF format. The information otherwise can be found online through a simple electronic search or it should be familiar to a family law practitioner (as in the case of the Uniform Child Custody Jurisdiction Act).

Morley has provided an excellent resource that is especially beneficial for family law attorneys. It will be a tool they turn to either to find guidance for that rare international child abduction case or to find guidance for counseling prevention of an abduction.

Note

1. Although Morley describes the litigation arising from the Hague Convention as "voluminous," a WestLaw search found only twenty-five cases citing its enabling legislation, the International Child Abduction Remedies Act (ICARA), within the Colorado state and federal cases database (search term "International Child Abduction Remedies Act"). ICARA is more than twenty years old.

© 2013 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2013.


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