The U.S. State Department has
just issued its 2017 Annual Report on International Parental Child Abduction
under the International Child Abduction Prevention and Return Act (ICAPRA). The
following is the Country Summary and related information from the second
country listed as “Noncompliant” in the report, the Bahamas:
Country Summary:
The United States and The Bahamas
have been partners under the Hague Abduction Convention since 1994. In 2016,
The Bahamas demonstrated a pattern of noncompliance. Specifically, the Bahamian
Central Authority and the judicial authorities in The Bahamas persistently
failed to implement and abide by the provisions of the Hague Abduction
Convention. As a result of this failure, 50 percent of requests for the return
of abducted children under the Convention have remained unresolved for more
than 12 months. On average these cases have been unresolved for 42 months. The
Bahamas have been cited as non-compliant since 2010.
Central Authority: The Bahamian Central Authority demonstrated a pattern of noncompliance with the Convention because of serious delays in the processing of cases and a lack of effective communication with the U.S. Central Authority regarding the resolution of cases.
Location: The competent authorities regularly took steps to help locate a child after a Convention application was filed. The average time to locate a child was seven months and two days.
Judicial Authorities: The judicial authorities
demonstrated a pattern of noncompliance with the Convention through a series of
decisions in cases that were not consistent with the Convention and through
serious delays in deciding Convention cases. The Bahamian authorities tended to
treat Convention cases as custody cases. Bahamian judges routinely requested
home study evaluations and apostilles for documents supporting the Convention
application. These extra requirements impeded prompt resolutions and were
inconsistent with The Bahamas’ obligations under the Convention. Cases are
generally pending with the judiciary for more than six years.
Enforcement: The United States is not aware of any
abduction cases in which a judicial order relating to international parental
child abduction needed to be enforced by the Bahamian authorities. Access: In 2016, there were no open access cases.
Department Recommendations: The Department will intensify engagement with the authorities to address significant issues of concern and expand public diplomacy activities related to the resolution of cases. The Department will also encourage training with judicial and administrative authorities on the effective handling of international parental child abduction cases. The Department also recommends an emphasis on preventing abductions.