About our international law blog

  • This site tracks developments in international family law from Richard Crouch and John Crouch of Crouch & Crouch in Arlington, Virginia. Our international practice has grown naturally from our location in our native Arlington, where our clients include many military, diplomatic and immigrant families, international organization employees, IT professionals, etc. This blog's purpose is to comment on the ongoing development of the law, and help other lawyers, journalists and the public understand individual cases. These postings do not provide a comprehensive description of the law. In fact, they will surely contain statements that were true at the time but have become less valid as the law continues to develop.

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March 20, 2008

ABC story on abduction victims in Japan

Link: ABC News: Little Hope for U.S. Kids Abducted Abroad?

This story, subtitled "American Parents Have Little Hope of Being Reunited With Children Kidnapped to Japan" has a lot of good and surprising information about how backward Japan's legal system is regarding custody, visitation, enforcement and child abduction, and how awful the results are for international families.


March 14, 2008

Hague Abduction Convention Takes Effect With More Countries

Since last time we reported on ratifications of the Hague Convention, it has become effective between the US and several countries. (With many countries, it becomes effective with the US not when the country "ratifies" the Convention, but when the US accepts their "accession" to it. Here are the latest, from the US State Department's official list:

Sri Lanka
San Marino
Guatemala
Costa Rica
Paraguay
01/01/08

Ukraine
09/01/07

Peru
El Salvador
Dominican Republic
06/01/07

Lithuania
Latvia
Estonia
05/01/07

February 18, 2008

National Center for Missing & Exploited Children will no longer handle abductions to U.S. under Hague Convention

An announcement dated  February 15, 2008 states:

"As of April 1, 2008, the National Center for Missing & Exploited Children (NCMEC) will no longer handle any aspect of incoming child abduction cases arising under the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention"). As the U.S. Central Authority, the U.S. Department of State has decided to assume all responsibility for managing incoming Hague Convention cases. As of April 1, 2008, please direct all inquiries and requests for assistance that your office receives on incoming cases to the Office of Children's Issues at the U.S. Department of State at 202-736-9090."

The people at NCMEC's international division have been great to work with over the years. They have been handling these cases almost exactly as long as I have. I hope the institutional know-how they've built up carries over.

The rest of NCMEC's statement is in the continuation:

Continue reading "National Center for Missing & Exploited Children will no longer handle abductions to U.S. under Hague Convention" »

November 20, 2007

Bush signs Hague Adoption Convention

Forwarded by Rockville, Md. international family lawyer Melissa Kucinski --

U.S. on Track to Join the Hague Adoption Convention in December

A message from the U.S. Department of State

The U.S. Department of State, Office of Childrens Issues, is pleased to announce that the President signed the Hague Adoption Convention on November 16. The legal requirements for ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) have been completed, and we plan to deposit the instrument of ratification on December 12, 2007! The Department will announce the official U.S. effective date˜projected to be April 1, 2008˜in the Federal Register. The Hague Adoption Convention protects children and their families against the risks of unregulated adoptions abroad and ensures that intercountry adoptions are made in the best interests of children. The Convention also serves to prevent the abduction of, sale of, or traffic in children.

Once the treaty is in force, the new processing requirements for Hague adoption cases will take effect for adoptions between the United States and more than 70 Convention members. The new process protects the rights of children, birth parents, and adoptive parents while promoting transparency, accountability, and ethical practices among adoption service providers.

For more information on intercountry adoptions and the Hague Adoption Convention, please visit the Intercountry Adoption page of the Department of State website.

October 04, 2007

USCIS sets new international adoption immigration procedures

This is a big step in implementing the new Hague Adoption Convention in the U.S.:
---
USCIS News Release
October 4, 2007

USCIS ISSUES INTERIM RULE ESTABLISHING NEW PROCEDURES FOR ADOPTED CHILDREN UNDER THE HAGUE CONVENTION

WASHINGTON  --  U.S. Citizenship and Immigration Services (USCIS) today announced the publication of an interim rule in the Federal Register to establish new administrative procedures for the immigration of children who are adopted by U.S. citizens and who come from countries that are parties to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

Continue reading "USCIS sets new international adoption immigration procedures" »

June 06, 2007

New group says immigration laws tear families apart

Elizabeth "Ibby" Biby, who I went to high school with here in Arlington, Virginia, writes:

Our non-profit, US Citizens for United Families, based in Houston, Texas,  is  a grass-roots group  formed to represent the Americans who have suffered from the  IRA immigration bars initiated in 1996.   The general public always assumes that   Americans with foreign-born spouses have the same rights as every American- the right to pursue happiness, especially from the person with whom we fall in love.   We assume that their spouses are granted "green cards" quickly and easily.   The sad truth is that the IRA Immigration Act of  1996 can separate Americans from their spouses by barring them from entering the US for 3, 5, or 10 years, or even for life.   Something as innocent as planning a wedding ceremony more than 30 days after a visa has expired can result in 3 years of exile from the US, and without a definite chance of return.   This has made the lives of so many unsuspecting Americans into a living hell.   An estimated half a million Americans have been forced to choose between their families, their countries, and their spouses.   If you know of anyone who  might like to join  us in the fight to get legislation passed that would remove these harsh bars that have torn so many families apart, please go to www.families-now.org  and join us in our efforts. 

April 24, 2007

6 nations join Hague Convention on Child Abduction

Dave Jackson of Family Law Reporter recently reported to the ABA's International Family law Committee that:

"The U.S. has recently accepted the accessions of six countries to the Child Abduction
Convention: it will enter into force between the U.S. and Estonia, Latvia, and Lithuania
on May 1, and El Salvador, Peru, and the Dominican Republic on June 1.
(The convention is currently in force between the U.S. and the following countries:

Continue reading "6 nations join Hague Convention on Child Abduction" »

April 10, 2007

Court in India issues injunction against U.S. divorce case

Divorce case: SC issues notice to US-based woman

Times of India 4/10/07

CHANDIGARH:
In a rare reiteration of its authority in a prayer for anti-suit injunction
matter concerning a foreign court, the Supreme Court has issued a notice to the
US-based wife of a Panchkula resident, who has filed a special leave petition
(SLP) against the decision of the Punjab and Haryana High Court in dismissing
his plea for restraining his wife from divorce proceeding initiated in New
Jersey court.

Continue reading "Court in India issues injunction against U.S. divorce case" »

Divorce settlements, prenups gain popularity among Vietnam's new rich

Link: Viet Nam News Agency Article: "Divorce, Western Style"

April 09, 2007

Spanish mother remains jailed for abducting child to avoid visitation

Courtesy of the great New Jersey divorce lawyer and blogger Charlie Abut, a story about a standoff between Spanish and U.S. courts over custody jurisdiction and visitation enforcement:

Court rebuffs jailed mother
Wednesday, April 4, 2007
Bergen Evening Record

Continue reading "Spanish mother remains jailed for abducting child to avoid visitation" »