Goldman School of Public Policy - University of California, Berkeley

Judges

Providing Guidance to Judges Hearing a Hague Convention Case

Many judges and magistrates will never see a petition for return under the Hague Convention on the Civil Aspects of International Child Abduction. But for those that do, the interplay of international conventions, federal law, and state law may seem unnecessarily complex. Adding to that complexity is the impact of domestic violence in cases involving allegations of abuse. Domestic violence is not itself an exception to return, but can be thought of within the broader context of the exceptions and is relevant to a court’s consideration of whether a petition for return should be granted. 

The Hague DV Project offers technical assistance to judges on the Hague Convention and domestic violence.

Resources on International Child Abduction Cases

Judges may also find other resources helpful to gain a quick understanding on the application of the Hague Convention in international child abduction cases in the United States, including information from the Hague and our brief bank of American legal decisions involving the Hague Convention. Other legal research resources include the International Child Abduction Database (INCADAT).