Monday, July 18, 2022

Honduras: 2022 State Department's Annual Report on International Child Abduction

Country Summary: The Convention has been in force between the United States and Honduras

since 1994. In 2021, Honduras demonstrated a pattern of noncompliance. Specifically, the

Honduran Central Authority regularly failed to fulfill its responsibilities pursuant to the

Convention. Additionally, Honduran law enforcement regularly failed to enforce a return order

rendered by the judicial authority in an abduction case. As a result of this failure, 20 percent of

requests for the return of abducted children under the Convention remained unresolved for more

than 12 months. The sole case affected was unresolved for over one year. Honduras was

previously citied for demonstrating a pattern of non-compliance in the 2015 and 2016 Annual

Reports.

Initial Inquiries: In 2021, the Department received three initial inquiries from parents regarding

possible abductions to Honduras for which no completed applications were submitted to the

Department.

Central Authority: There have been delays in the processing of cases by the Honduran Central

Authority, which contributed to a pattern of non-compliance. In the majority of cases pending in

2021, the Honduran Central Authority failed to take all appropriate steps to facilitate the

institution of judicial proceedings in a timely manner, which resulted in significant delays.

Location: The competent authorities regularly took appropriate steps to locate children after a

Convention application was filed. The average time to locate a child was 42 days.

Judicial Authorities: Delays by the Honduran judicial authorities impacted cases during 2021.

Enforcement: Judicial decisions in Convention cases in Honduras were generally not enforced,

which contributed to a pattern of noncompliance. One case (accounting for 100 percent of the

unresolved cases) has been pending for more than 12 months in which law enforcement failed to

enforce a return order.

Access: In 2021, the U.S. Central Authority had one open access case involving one child under

the Convention in Honduras. This case was opened in 2019 and has been filed with the

Honduran Central Authority. No new cases were filed in 2021. By December 31, 2021, this

case had been resolved.

Department Recommendations: The Department will continue intense engagement with

the Honduran authorities to address issues of concern.

Friday, July 15, 2022

Egypt: 2022 State Department's Annual Report on International Child Abduction

Country Summary: Egypt does not adhere to any protocols with respect to international

parental child abduction. In 2003, the United States and Egypt signed a Memorandum of

Understanding to encourage voluntary resolution of abduction cases and facilitate consular

access to abducted children. In 2021, Egypt continued to demonstrate a pattern of

noncompliance. Specifically, the competent authorities in Egypt persistently failed to work with

the Department of State to resolve abduction cases. As a result of this failure, 85 percent of

requests for the return of abducted children remained unresolved for more than 12 months. On

average, these cases were unresolved for two years. Egypt was previously cited for

demonstrating a pattern of noncompliance in the 2015, 2016, 2019, 2020 and 2021 Annual

Reports.

Initial Inquiries: In 2021, the Department received two initial inquiries from parents regarding

a possible abduction to Egypt for which no additional assistance was requested or necessary

documentation was not received as of December 31, 2021.

Central Authority: In 2021, the competent authorities in Egypt worked closely with the United

States to discuss ways to improve the resolution of pending abduction cases. However, the

competent authorities have failed to resolve cases due to a lack of viable legal options, which

contributed to a pattern of noncompliance.

Location: The Department of State did not request assistance with location from the Egyptian

authorities.

Judicial Authorities: There is no clear legal procedure for addressing international parental

child abduction cases from the United States under Egyptian law and parents face difficulties

attempting to resolve custody disputes in the local courts.

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 Egyptian

authorities.

Department Recommendations: The Department will encourage Egypt to ratify the

Convention and create the legal infrastructure needed for effective implementation of the

Convention.

Thursday, July 14, 2022

Ecuador: 2022 State Department's Annual Report on International Child Abduction

Country Summary: The Convention has been in force between the United States and Ecuador

since 1992. In 2021, Ecuador continued to demonstrate a pattern of noncompliance.

Specifically, the Ecuadorian authorities persistently failed to take all appropriate measures to

locate children in a timely manner. As a result of this failure, 14 percent of requests for the

return of abducted children under the Convention remained unresolved for more than 12 months.

On average, these cases were unresolved for two years and three months. Ecuador was

previously cited for demonstrating a pattern of noncompliance in the 2015-2021 Annual Reports.

Significant Developments: On July 28, 2021, the National Court of Justice passed a resolution

requiring Ecuador’s courts to use a summary process for Convention cases. This is Ecuador’s

first concrete action to improve Convention compliance since 2015. Shortly after the passage of

the resolution, the Department received the first court-ordered return from Ecuador since 2018.

Additionally, throughout 2021, the National Assembly Special Commission on Children’s Issues

led a review of Ecuador’s Children’s Code. These Children’s Code reforms presented an

opportunity for Ecuador to legislatively implement its obligations under the Convention;

however, the legislation remains stalled in the National Assembly.

Central Authority: The U.S. and the Ecuadorian Central Authorities have a productive

relationship that facilitates the resolution of abduction cases under the Convention.

Location: The competent authorities of Ecuador failed to take appropriate steps to locate

children after a Convention application was filed, which contributed to a pattern of 

noncompliance. The average time to locate a child was 9 months and 3 days. As of December

31, 2021, there is one case in which the Ecuadorian authorities remain unable to initially locate

a child (accounting for 100% of the unresolved cases).

Judicial Authorities: Delays by the Ecuadorian judicial authorities impacted cases during

2021.

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 Ecuadorian

authorities.

Department Recommendations: The Department will continue intense engagement with the

Ecuadorian authorities to address issues of concern.




Tuesday, July 12, 2022

Costa Rica: 2022 State Department's Annual Report on International Child Abduction

Country Summary: The Convention has been in force between the United States and Costa

Rica since 2008. In 2021, Costa Rica continued to demonstrate a pattern of noncompliance.

Specifically, the judicial authorities failed to regularly implement and comply with the

provisions of the Convention. As a result of this failure, 67 percent of requests for the return of

abducted children under the Convention remained unresolved for more than 12 months. Costa

Rica was previously cited for demonstrating a pattern of noncompliance in the 2011-2016, 2020,

and 2021 Annual Reports.

Initial Inquiries: In 2021, the Department received two initial inquiries from parents regarding

a possible abduction to Costa Rica for which no completed applications were submitted to the

Department.

Significant developments: Costa Rica’s Supreme Court, with the support of the Department

and U.S. Embassy San Jose, successfully hosted a series of virtual seminars on Convention best

practices. The seminars brought together Costa Rican Supreme Court judges, Department

representatives, as well as legal experts and judges from Costa Rica, Uruguay, Argentina,

Mexico, Spain, Canada, and the United States. Presenters offered legal analyses to raise

awareness of the Convention and its core governing principles, and shared best practices for

implementing Convention protocols. In September 2021, the Department organized an

International Visitor Leadership Program (IVLP) for members of Costa Rica’s judicial and legal

community. The IVLP focused on how Convention issues are approached in the U.S. legal

system.

Central Authority: The U.S. and the Costa Rican Central Authorities have a productive

relationship that facilitates the resolution of abduction cases under the Convention.

Location: The competent authorities regularly took appropriate steps to locate children after a

Convention application was filed. On average, it took less than one month to locate a child. As

of December 31, 2021, there was one case in which the Costa Rican authorities remained unable

to locate one child, representing 50 percent of unresolved cases for 2021.

Judicial Authorities: There were serious delays by the Costa Rican judicial authorities in

deciding Convention cases. As a result of these delays, cases have been pending with the

judiciary for over one year, contributing to a pattern of noncompliance.

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 Costa Rican

authorities.

Department Recommendations: The Department will continue intense engagement with Costa

Rican authorities to address issues of concern.





Monday, July 11, 2022

Brazil: 2022 State Department's Annual Report on International Child Abduction

 Country Summary: The Convention has been in force between the United States and Brazil since 2003. In 2021, Brazil continued to demonstrate a pattern of noncompliance. Specifically, judicial authorities continued to fail to regularly implement and comply with the provisions of the Convention. Additionally, the competent authorities continued to fail to take appropriate steps to locate children in an abduction case, contributing to Brazil’s persistent failure to implement and abide by the provisions of the Convention. Brazil was previously cited for demonstrating a pattern of noncompliance in the 2006-2021 Annual Reports.


Initial Inquiries: In 2021, the Department received four initial inquiries from parents regarding possible abductions to Brazil for which no completed applications were submitted to the Department.

Significant Developments: In 2021, Brazil named six new members to the International Hague Network of Judges, expanding from a previous single active Network judge. Additionally, Brazil’s Federal Justice Council published a manual to guide federal judges when hearing Convention cases.

The Department has cited Brazil for demonstrating a pattern of noncompliance with the Convention for 17 consecutive years. However, by the end of 2021, a significant number of abduction cases were resolved, and less than 30 percent of cases remained unresolved for more than 12 months. While these resolutions are encouraging, other cases continue to experience lengthy judicial delays, contributing to Brazil’s persistent failure to implement and abide by the provisions of the Convention. The Department continues to call on Brazil to expedite the resolution of Convention cases.


Central Authority: The U.S. and Brazilian Central Authorities have a strong and productive relationship that facilitates the resolution of abduction cases under the Convention.


Voluntary Resolution: The Convention states that central authorities “shall take all appropriate measures to secure the voluntary return of the child or to bring about an amicable resolution of
the issues.” In 2021, two abduction cases were resolved through voluntary means.

Location: Brazil demonstrated a pattern of noncompliance with the Convention as a result of
failure by the competent authorities to take appropriate steps to locate children in one case after
a Convention application was filed. During the reporting period the competent authorities
continued to fail to take appropriate steps to locate two children in an abduction case (accounting
for 25 percent of the unresolved cases). During this delay, the Convention ceased to apply to one
of the children because of the child’s age. The average time to locate a child was 11 months and
13 days.

Judicial Authorities: There were serious delays by the Brazilian judicial authorities in
deciding Convention cases. As a result of these delays, cases may be pending with the judiciary
for over one year, contributing to a pattern of noncompliance. Delays at the first instance, the
appellate, and the enforcement stages persisted during the reporting year. As a result, the
Department remains concerned with the Brazilian judiciary’s repeated failure to regularly
implement and comply with the provisions of the Convention. Moreover, the U.S. Central
Authority is concerned by some language that was non-compliant with the Convention in one
judicial decision.

Enforcement: While courts in Brazil ordered returns under the Convention, in some cases the
Brazilian authorities faced challenges with enforcement.

Department Recommendations: The Department will continue intense engagement with
Brazilian authorities to address issues of concern and will consider actions to encourage better
Brazilian compliance with the Convention.

Thursday, July 07, 2022

Belize: 2022 State Department's Annual Report on International Child Abduction

Country Summary: The Convention has been in force between the United States and Belize

since 1989. In 2021, Belize demonstrated a pattern of noncompliance. Specifically, the judicial

authorities failed to regularly implement and comply with the provisions of the Convention. As

a result of this, 50 percent of requests for the return of abducted children under the Convention

remained unresolved for more than 12 months.

Central Authority: The United States and the Belizean Central Authorities have a strong and

productive relationship that facilitates the resolution of abduction cases under the Convention.

Location: The competent authorities took appropriate steps to locate children after a

Convention application was filed. The average time to locate a child was 31 days. As of

December 31, 2021, there were no cases where the Belizean authorities remained unable to

initially locate a child.

Judicial Authorities: Delays by the Belizean judicial authorities impacted cases during 2021.

As a result of these delays, one case has been pending with the judiciary for over two years,

contributing to a pattern of noncompliance.

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 Belizean

authorities.

Department Recommendations: The Department will continue intense engagement with the

Belizean authorities to address issues of concern.

Wednesday, July 06, 2022

Austria: 2022 State Department's Annual Report on International Child Abduction

Country Summary: The Convention has been in force between the United States and Austria

since 1988. In 2021, Austria demonstrated a pattern of noncompliance. Specifically, the judicial

authorities failed to regularly implement and comply with the provisions of the Convention, and

law enforcement regularly failed to enforce return orders rendered by the judicial authority in

abduction cases. As a result of this failure, 33 percent of requests for the return of abducted

children under the Convention remained unresolved for more than 12 months. On average, these

cases were unresolved for two years and three months.

Central Authority: While the U.S. and the Austrian Central Authorities have a cooperative

relationship, delays in communication about actions to resolve Convention cases are an area of

continuing concern.

Voluntary Resolution: The Convention states that central authorities “shall take all appropriate

measures to secure the voluntary return of the child or to bring about an amicable resolution of

the issues.” In 2021, one abduction case was resolved through voluntary means.

Location: The competent authorities took appropriate steps to locate a child after a Convention

application was filed in 2021. It took eight days to locate this child. The competent authorities of 

Austria failed to take appropriate and expeditious steps to locate another child after an

enforcement order was issued for the return of the child. It took 53 days to locate this child,

which led to delays in the enforcement and return of the child.

Judicial Authorities: Judicial authorities rendered decisions that were not consistently in

accordance with the Convention and there were delays in judicial authorities deciding on a case.

In one case, after multiple appeals, the Austrian Supreme Court ordered a lower court to enforce

a return order; however, the lower court instead dismissed the Convention case and made a

custody decision. While the lower court’s order was eventually overturned, these problems in

the performance of judicial authorities contributed to a pattern of noncompliance.

Enforcement: While the Supreme Court of Austria ordered the enforcement of a Convention

return order in 2021, the lower court and Austrian authorities charged with the enforcement

responsibility declined to enforce the order, which contributed to a pattern of noncompliance.

After the Supreme Court overruled the lower court’s dismissal of its return order, enforcement

actions were initiated in December 2021; the child was returned to the United States in January

2022. There was one case (one hundred percent of the unresolved cases) that was pending for

more than 12 months in which the competent authorities and law enforcement failed to enforce

a return order.

Department Recommendations: The Department will continue engagement with the Austrian

authorities to address issues of concern.

Monday, July 04, 2022

Argentina: 2022 State Department's Annual Report on International Child Abduction

Country Summary: The Convention has been in force between the United States and

Argentina since 1991. In 2021, Argentina continued to demonstrate a pattern of noncompliance.

Specifically, the Argentine judicial authorities failed to regularly implement and comply with the

provisions of the Convention. As a result of this failure, 50 percent of requests for the return of

abducted children under the Convention remained unresolved for more than 12 months. The sole

abduction case still open at the end of 2021 has been unresolved for 11 years and six months.

Argentina was previously cited for demonstrating a pattern of noncompliance in the 2015-2021

Annual Reports.



Significant Developments: Delays persisted within the Argentine judiciary in 2021,

contributing to a pattern of noncompliance. The sole abduction case still open at the end of 2021

has been unresolved in the Argentine judiciary for 11 years and six months, the Department’s

longest-running open unresolved abduction case in the world. The other abduction case open

during 2021 resolved this year, after being unresolved for just under two years, mostly due to

delays in the judiciary. Argentina’s legislature failed to enact national procedural legislation

designed to address Argentina’s judicial delays in early 2021 after interlocutors reported it lost

“parliamentary status,” and officials did not reintroduce a draft bill for the remainder of the year.

Central Authority: The U.S. and Argentine Central Authorities have a productive relationship.

Location: The Department of State did not request assistance with location from the Argentine

authorities.



Judicial Authorities: There were serious delays by the Argentine judicial authorities in

deciding Convention cases. As a result of these delays, cases may be pending with the judiciary

for over one year, contributing to a pattern of noncompliance.

Enforcement: In one case unresolved for almost 12 years, Argentine courts have suspended a

return order. Additionally, Argentina’s legal system allows multiple appeals both on the merits

of the decision and on the manner in which the decisions are enforced, thereby creating

excessive delays which contribute to a pattern of noncompliance.

Access: In 2021, the U.S. Central Authority had one open access case involving one child under

the Convention in Argentina. This was opened in 2018. This case has been filed with the

Argentine Central Authority. No new cases were filed in 2021. By December 31, 2021, this case

remained open. This case has been pending with the Argentine authorities for more than 12

months.

Department Recommendations: The Department will continue intense engagement with

Argentine authorities to address issues of concern.