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

This article will consider a possible avenue for filling \u27gaps\u27 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 \u27gap filler\u27 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

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

This article will consider a possible avenue for filling \u27gaps\u27 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 \u27gap filler\u27 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