On May 9, the House Foreign Affairs Subcommittee on Africa, Global Human Rights, and International Organizations held a hearing, “Resolving International Parental Child Abductions to Non-Hague Convention Countries.” The hearing examined U.S. and international efforts to resolve cases of parental child abduction to countries that are not party to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a legal framework for securing the return of abducted children to the countries of their habitual residence where courts can make decisions on issues of custody.
In her testimony, Patricia Apy, attorney at Paras, Apy, & Reiss, PC, said, “Non- Treaty cases present the most expensive and challenging cases for the left-behind parent seeking the return of wrongfully removed or retained children. Parents are often consigned to live in legal limbo for fear that their chance to locate or retrieve their child will be diminished by their actions. Fearful of ruining their case, they avoid divorcing the kidnapping spouse, or resist filing criminal complaints as such action might cut off legal remedies under foreign law. Some must seek law enforcement assistance to physically locate their children, and of necessity must file an application in the country to which the child has been taken, seeking a custodial determination that a court in the United States had already rendered. Left-behind parents seeking the return of their children or the ability to simply visit children endure endless legal battles, conducted in languages they do not speak, and suffer emotional and financial ruin.”
The following witnesses also testified:
