Thursday, August 22, 2019

UAE NONCOMPLIANCE AS TO INTERNATIONAL CHILD ABDUCTION


by Jeremy D. Morley

The United Arab Emirates UAE does not adhere to any protocols with respect to international parental child abduction and has failed to adopt the Hague Abduction Convention.
The U.S. State Department has determined and reported to the U.S. Congress that, in 2018, the UAE “demonstrated a pattern of noncompliance” within the meaning of the International Child Abduction Prevention and Return Act.
Specifically, the State Department has reported that the competent authorities in the UAE “persistently failed” to work with it to resolve abduction cases, and that, as a result of this failure, 100 percent of U.S. requests for the return of abducted children remained unresolved for more than 12 months. Indeed, on average, these cases were unresolved for two years and seven months.

In its July 2019 “Action Report,” the State Department has reported that:
  • Throughout the year, officials at the highest levels of the Department pressed the Government of the United Arab Emirates to assist with resolving abduction cases and to accede to the Convention.
  • In October 2018, the Assistant Secretary for Consular Affairs traveled to the United Arab Emirates where he met with his counterparts to discuss the resolution of existing abduction cases and to encourage the United Arab Emirates to accede to the Convention.
  • In December 2018, U.S. Embassy Abu Dhabi delivered a diplomatic note requesting the United Arab Emirates’ assistance in resolving existing abduction cases.
  •  Upon release of the 2019 Annual Report, U.S. Embassy Abu Dhabi delivered a demarche to the Emirati government noting that the Department had cited the United Arab Emirates in the 2019 Annual Report for demonstrating a pattern of noncompliance and requesting assistance in resolving existing abduction cases.
Jeremy D. Morley has frequently appeared as an expert witness on international child abduction prevention, international child abduction recovery, international divorce jurisdiction and international family law. He has opined as to the dangers, in terms of potential parental child abduction, of allowing children to visit certain specific countries, including the UAE. 


Friday, August 16, 2019

Barbados Accedes to Hague Abduction Convention


On 11 July 2019, Barbados deposited its instrument of accession to the HCCH Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (“Child Abduction Convention”). The Child Abduction Convention, which now has 101 Contracting Parties, will enter into force for Barbados on 1 October 2019.

However, pursuant to Article 38 of the Convention, the accession will not have effect with respect to any other specific country until such country the first day of the third calendar month after the deposit of such country’s formal notice of acceptance with the Foreign Ministry of the Netherlands.