Tuesday, August 29, 2023

U.S. ACTIONS AGAINST ROMANIA FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Romania has been declared by the State Department to be non-compliant with the Hague Abduction Convention.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Romania:

·       Department officials, in Washington, DC, and at the U.S. Embassy in Bucharest, continued to raise concerns about Romania’s demonstration of a pattern of noncompliance with Government of Romania officials.

·       In October 2022, Department officials and U.S. Embassy Bucharest officials met with the Romanian Central Authority to raise concerns over the lack of enforcement of Convention return orders, as well as judicial delays. In May 2023, the Senior Consular Representative at the U.S. Mission to the European Union informed the EU of Romania’s citation.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Romania as a country cited for demonstrating a pattern of noncompliance.

·       On June 13, 2023, U.S. Embassy Bucharest delivered a demarche to the Romanian government stating the Department had cited Romania in the 2023 Annual Report for demonstrating a pattern of noncompliance and requesting assistance in resolving the existing abduction cases.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Romania.

Monday, August 28, 2023

U.S. ACTIONS AGAINST THE REPUBLIC OF KOREA FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

The Republic of Korea has been declared by the State Department to be non-compliant with the Hague Abduction Convention.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against the Republic of Korea:

·       Department officials in Washington, DC, and at the U.S. Embassy in Seoul continued to raise concerns about the ROK’s failure to enforce Convention return orders. In October 2022, the Department’s Office of Children’s Issues met with the ROK Embassy in Washington, DC, to urge compliance with the Convention.

·       In December 2022, the Special Advisor for Children’s Issues met with various ROK government officials in Seoul, including MFA, Ministry of Justice, and Supreme Court representatives, to discuss the country’s pattern of noncompliance with the Convention and to offer assistance to improve compliance.

·       In January 2023, the U.S. Ambassador to ROK and Consul General met with the Minister of Justice in Seoul and urged prompt resolution of outstanding child abduction cases.

·       In February 2023, the Assistant Secretary of State for Consular Affairs met with senior MFA officials in Seoul to express concerns regarding the ROK’s failure to resolve outstanding child abduction cases under the Convention.

·       In February 2023, the Special Advisor for Children's Issues wrote an editorial article for a popular Korean newspaper. The article urged the resolution of child abduction cases. In March 2023, the Special Advisor for Children’s Issues raised the country’s pattern of noncompliance with ROK Embassy officials in Washington, DC, and offered assistance to improve compliance.

·       In April 2023, officials from the Department’s Bureaus of Consular Affairs and East Asia and the Pacific met with a senior advisor to the ROK President in Washington, DC, to discuss the pattern of noncompliance with the Convention and offer any necessary assistance to improve compliance. Also in April, the Special Advisor for Children’s Issues met with the ROK Counselor for Legal Affairs in Washington, DC, to discuss ROK’s formation of a task force to address challenges with child abduction cases.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed ROK as a country cited for demonstrating a pattern of noncompliance.

·       In May 2023, the Deputy Chief of Mission at the U.S. Embassy in Seoul delivered a demarche to the Deputy Minister for Overseas Koreans and Consular Affairs at the ROK Ministry of Foreign Affairs (MFA) regarding the country’s noncompliance and requesting information on plans to improve the enforcement of Convention return orders.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning the Republic of Korea.

Friday, August 25, 2023

U.S. ACTIONS AGAINST PERU FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Peru has been declared by the State Department to be non-compliant with the Hague Abduction Convention for the last nine years.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Peru:

·       The Department frequently raised concerns with the Government of Peru about Peru’s repeated demonstration of a pattern of noncompliance. In July 2022, Department officials met with Embassy of Peru representatives in Washington, DC. The Department raised concerns about judicial delays, enforcement challenges for court-ordered returns, and the Peruvian Central Authority’s lack of participation in safe-return planning.

·       In September 2022, Department officials met with Embassy of Peru representatives in Washington, DC, to emphasize compliance concerns, safe return planning for a longstanding case, lack of enforcement of a courtordered return, and opportunities for collaboration.

·       In October 2022, Department officials met with Embassy of Peru representatives in Washington, DC, to discuss a longstanding unresolved case and potential collaboration on judicial training for judges hearing Convention cases in Peru.

·       In November 2022, at the U.S.-European Union Consular Dialogue, Department officials discussed a multilateral approach to address shared concerns with Peru’s noncompliance with the Convention.

·       In December 2022, Department officials coordinated a meeting between the Embassy of Peru and the U.S. Department of Justice to discuss how the AMBER Alert system for missing and abducted children works in the United States, and the potential for implementing a similar system in Peru.

·       In February 2023, Department officials met with Peruvian Central Authority representatives to discuss Convention case developments.

·       In March 2023, Department officials met with Embassy of Peru representatives in Washington, DC. Department officials raised concerns about the lack of enforcement of a court-ordered return and offered to support future judicial training for judges in Peru.

·       In April 2023, the U.S. Embassy in Lima met with the Peruvian Hague Network Judge and discussed how Convention cases are processed in the Peruvian judiciary and the possibility of planning a judicial training in Peru for judges hearing Convention cases.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Peru as a country cited for demonstrating a pattern of noncompliance.

·       Also in May 2023, the Deputy Chief of Mission and the Consul General at the U.S. Embassy in Lima delivered a demarche to the Peruvian Ministry of Foreign Affairs stating the Department cited Peru in the 2023 Annual Report for demonstrating a pattern of noncompliance. The demarche expressed the Department’s concern regarding Peru’s pattern of noncompliance, including the Peruvian Central Authority’s lack of effective communication with the U.S. Central Authority and not adequately participating in safe return planning related to a court-ordered return of a child to the United States. The demarche also expressed concerns about judicial delays in Convention cases.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Peru.

Thursday, August 24, 2023

U.S. ACTIONS AGAINST JORDAN FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Jordan has been declared by the State Department to be non-compliant with the Hague Abduction Convention for the last eight years.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Jordan:

·       Senior officials in the Bureau of Consular Affairs engaged with the Government of Jordan on the issue of IPCA. Department officials pressed the Jordanian government to assist with resolving abduction cases and to accede to the Convention.

·       In March 2023, the U.S. Embassy in Amman delivered a diplomatic note to the Jordanian government requesting their assistance in resolving existing child abduction cases.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Jordan as a country cited for demonstrating a pattern of noncompliance.

·       Also in May 2023, Department officials met with the Canadian Central Authority to identify potential avenues of multilateral collaboration to urge the Jordanian government to resolve reported cases.

·       In May 2023, U.S. Embassy Amman delivered a demarche notifying the Jordanian government that the Department cited Jordan in the 2023 Annual Report for demonstrating a pattern of noncompliance and requested Jordan’s assistance to resolve reported cases.

·       In June 2023, the Special Advisor for Children’s Issues traveled to Jordan for meetings with Jordanian officials to discuss areas of cooperation and concerns with resolving international parental child abduction cases. The visit included meetings with a local non-governmental organization to discuss the new Child Rights Act, the Mediation Directorate, and Sharia court judges. In addition, the Special Advisor oversaw a roundtable discussion with foreign mission consuls from Canada, the United Kingdom, and Australia to explore solutions to issues of common concern.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Jordan.

Tuesday, August 22, 2023

U.S. ACTIONS AGAINST INDIA FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

India has been declared by the State Department to be non-compliant with the Hague Abduction Convention for the last eight years.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against India:

·       Officials at the highest levels of the Department engaged with the Government of India on the issue of IPCA. Senior U.S. government officials pressed the Indian government to assist with resolving abduction cases and accede to the Convention.

·       The U.S. Embassy in New Delhi delivered Diplomatic Notes in May 2022, June 2022, August 2022, and December 2022, requesting the Government of India work with the Department through dedicated bilateral meetings to resolve abduction cases. These Diplomatic Notes to the Ministry of External Affairs also called for high-level dialogue between the Special Advisor for Children’s Issues and the Indian Ministry of Women and Child Development outside of the annual U.S.-India Consular Dialogue.

·       In April 2022, the Secretary of State met with the Indian Minister of External Affairs as part of the U.S.-India 2+2 Ministerial and pressed the Indian government to assist with resolving all pending abduction cases while highlighting the lack of progress on IPCA cases since his first visit in July 2021.

·       In October 2022, a Department delegation, led by the Special Advisor for Children’s Issues, met with Indian officials from the Ministry of Women and Child Development and Ministry of External Affairs, marking the first high-level engagement on IPCA outside the annual U.S.-Indian Consular Dialogue.

·       In December 2022, Department officials briefed Indian judges and child advocates during an International Visitor Leadership Program on child protection. Briefers discussed preventing and resolving IPCA cases and provided information on U.S. law and the International Hague Network of Judges.

·       In January 2023, the Special Advisor for Children’s Issues met with the Indian Deputy Chief of Mission in Washington, DC, and discussed ways to improve bilateral cooperation on IPCA, including through increased outreach on U.S. resources available to families in the United States to prevent abductions.

·       In March 2023, Embassy New Delhi hosted a legal symposium with over 400 attendees. The child-centric discussion brought together Indian judicial leaders and government officials to discuss issues surrounding and the effects of international custody disputes.

·       In April 2023, the Assistant Secretary for Consular Affairs raised IPCA as a leading issue during the U.S.-India Consular Dialogue with the Indian Joint Secretary of External Affairs and Joint Secretary of Women and Child Development. The Indian government requested additional details regarding a U.S. proposed working group to address IPCA and related consular issues.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed India as a country cited for demonstrating a pattern of noncompliance.

·       Also in May 2023, U.S. Embassy New Delhi delivered a demarche to the Ministry of External Affairs notifying the Indian government that the Department had cited India in the 2023 Annual Report for demonstrating a pattern of noncompliance. The Special Advisor for Children’s Issues also delivered the demarche to the Indian Embassy in Washington, DC.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning India.

Monday, August 21, 2023

U.S. ACTIONS AGAINST HONDURAS FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Honduras has been declared by the State Department to be non-compliant with the Hague Abduction Convention.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Honduras:

·       Department officials in Washington, DC, and at the U.S. Embassy in Tegucigalpa continued to raise concerns about Honduras’s demonstration of a pattern of non-compliance with Government of Honduras officials.

·       In October 2022, Department officials worked closely with the Honduran Central Authority to help organize a judicial training focused on child abductions in Honduras, which included judges, attorneys, central authority participants, and other stakeholders. The Department presented on the role of the U.S. Central Authority. Other experts highlighted the need for expediency in processing Hague cases.

·       In October 2022, Department officials met with the Director of the Honduran Central Authority to discuss concerns about Honduras’s implementation of the Convention. The Department also recognized the Honduran Central Authority’s efforts, including hiring a designated team to handle abductions, and hosting a judicial training.

·       In April 2023, Department officials met with Embassy of Honduras representatives in Washington, DC, and discussed concerns with Honduras’s Convention compliance. The Department emphasized the Honduran Central Authority’s delays in processing cases as an area of concern.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Honduras as a country cited for demonstrating a pattern of noncompliance.

·       In May 2023, U.S. Embassy Tegucigalpa officials delivered a demarche to the Ministry of Foreign Affairs stating the Department cited Honduras in the 2023 Annual Report on International Child Abduction for demonstrating a pattern of noncompliance during 2022.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Honduras.

Thursday, August 17, 2023

U.S. ACTIONS AGAINST EGYPT FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Egypt has been declared by the State Department to be non-compliant with the Hague Abduction Convention.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Egypt:

·       Department officials continued to engage with the Government of Egypt on the issue of IPCA. Department officials pressed the Egyptian government to assist with resolving abduction cases and to take the steps necessary to ratify the Convention.

·       In August 2022, the Special Advisor for Children’s Issues met with the Egyptian Deputy Chief of Mission in Washington, DC, to notify the embassy that the Department had cited Egypt in the 2022 Annual Report for demonstrating a pattern of noncompliance. They also discussed possible actions that may lead to the Egyptian government’s ratification and implementation of the Convention.

·       In November 2022, the U.S. Embassy in Cairo delivered a diplomatic note to the Egyptian government requesting assistance in resolving abduction cases.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Egypt as a country cited for demonstrating a pattern of noncompliance.

·       Also in May 2023, the Consul General at the U.S. Embassy in Cairo delivered a demarche to the Assistant Foreign Minister for Consular Affairs notifying the Egyptian government that the Department had cited Egypt in the 2023 Annual Report for demonstrating a pattern of noncompliance and once again requesting Egypt’s assistance with resolving reported cases.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Egypt.

Wednesday, August 16, 2023

U.S. ACTIONS AGAINST ECUDAOR FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Ecuador has been declared by the State Department to be noncompliant with the Hague Abduction Convention for each and every year for the past eight years.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Ecuador:

·       Department officials at the U.S. Embassy in Quito continued to raise concerns with Government of Ecuador officials about Ecuador’s demonstration of a pattern of noncompliance.

·       During the October 2022 U.S.-Ecuador Consular and Migration Bilateral Meeting, Department officials called on the Government of Ecuador to improve coordination between the Ecuadorian Central Authority, police, and public defenders. The Government of Ecuador affirmed its
commitment to an inter-institutional dialogue on IPCA.

·       In November 2022, Department officials provided technical assistance to the National Court of Justice for an Ecuadorian judicial seminar on best practices in the resolution of Convention cases. The seminar included presentations by Ecuadorian Central Authority officials, public defenders, and international Convention experts, including the representative for Latin America and the Caribbean at the Hague Conference on Private International Law (Hague Permanent Bureau) and a Canadian Hague Network Judge.

·       In February 2023, Department officials participated in the Government of Ecuador’s first inter-institutional IPCA working group. The working group included technical experts from Ecuador’s Central Authority, National Court of Justice, Judiciary Council, National Police, Public Defender’s office, and the Hague Permanent Bureau.

·       Over the course of multiple meetings in February and March 2023, the working group prepared a legislative reform proposal to quicken IPCA response times.

·       In April 2023, the Minister of Women and Human Rights and the President of the National Court of Justice presented the working group’s legislative reform package to the President of Ecuador’s National Assembly as part of efforts to reform Ecuador’s Children’s Code and presented an administrative protocol to expedite IPCA cases.

·       Since June 2022, the U.S. Central Authority has held quarterly video conferences with the Ecuadorian Central Authority, National Police, and Public Defender’s Office to discuss pending IPCA cases and strategies to improve Convention implementation in Ecuador.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Ecuador as a country cited for demonstrating a pattern of noncompliance.

·       Also in May 2023, the U.S. Embassy in Quito delivered a demarche to the Ministry of Women and Human Rights. The Department noted that Ecuador has been cited for demonstrating a pattern of noncompliance in the 2023 Annual Report.

·       Specifically, the judicial authorities failed to regularly implement and comply with the provisions of the Convention, and Ecuadorian authorities failed to take all appropriate measures to locate children in a timely manner.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Ecuador.

Tuesday, August 15, 2023

U.S. ACTIONS AGAINST BULGARIA FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Bulgaria has been declared by the State Department to be noncompliant with the Hague Abduction Convention.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Bulgaria:

·                 Department officials, in Washington, DC and at the U.S. Embassy in Sofia, continued to raise concerns over Bulgaria’s pattern of noncompliance with Government of Bulgaria officials.

·                 In October 2022, Department officials from Washington, DC and U.S. Embassy Sofia met with the Bulgarian Central Authority and other Bulgarian stakeholders to discuss international parental child abduction issues. The Bulgarian Central Authority reported on efforts to resolve enforcement issues concerning Bulgarian court-ordered returns.

·                 In November 2022, Department officials proposed an International Visitor Leadership Program on international parental child abduction. The purpose of this program was to conduct an informational exchange between U.S. and Bulgarian officials who are responsible for implementing the Convention. The program is scheduled to take place in July 2023.

·                 In April 2023, the Special Advisor for Children’s Issues and U.S. Embassy Sofia met again with the Bulgarian Central Authority and key stakeholders to 9 improve Bulgaria’s processing of IPCA cases. Stakeholders included the Deputy Minister of Justice, President of the Sofia City Court, and the Chairman of the Bulgarian Chamber of Private Enforcement Agents. The priorities of the meeting were highlighting enforcement challenges in Convention cases, discussing current IPCA cases, and proposing opportunities for continued engagement.

·                 In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Bulgaria as a country cited for demonstrating a pattern of noncompliance. In May 2023, the Senior Consular Representative at the U.S. Mission to the European Union informed the EU of Bulgaria’s citation.

·                 In May 2023, Consular staff at U.S. Embassy Sofia delivered a demarche to the Bulgarian Ministry of Foreign Affairs notifying Bulgaria that the Department cited Bulgaria in the 2023 Annual Report on International Child Abduction for demonstrating a pattern of noncompliance during 2022.

·                 In June 2023, Department officials DC discussed international parental child abduction at the Bulgarian Embassy in Washington, DC.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Bulgaria.

Monday, August 14, 2023

U.S. ACTIONS AGAINST BELIZE FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

 The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Belize has been declared by the State Department to be noncompliant with the Hague Abduction Convention.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Belize:

·                 Department officials, in Washington, DC and at the U.S. Embassy in Belmopan, continued to raise concerns with the Government of Belize about Belize’s demonstration of a pattern of noncompliance.

·                 In December 2022, officials at the U.S. Embassy in Belmopan met with the Director of the Belize Central Authority (BCA) to discuss Belize’s pattern of noncompliance and its obligations under the Convention, and proposed actions to improve Convention compliance.

·                 Also in December 2022, officials at the U.S. Embassy in Belmopan attended a BCA-organized training on the Convention for BCA employees, local law enforcement, and child protective services.

·                 In May 2023, the U.S. Ambassador to Belize met with representatives from the Belizean judiciary, central authority, law enforcement, and legal community who were selected for an International Visitor Leadership Program (IVLP) focused on IPCA. The group discussed objectives for the IVLP and laid the foundation for a follow-on seminar for Belizean IPCA stakeholders who did not participate in the IVLP.

·                 Also in May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Belize as a country cited for demonstrating a pattern of noncompliance.

·                 In May 2023, the Consular Chief at the U.S. Embassy in Belmopan delivered a demarche to the Belizean Ministry of Foreign Affairs and Foreign Trade concerning Belize’s citation for demonstrating a pattern of noncompliance in the 2023 Annual Report.

·                 Also in May 2023, Department officials met in Washington, DC with 10 officials from the Belizean judiciary, central authority, law enforcement, and legal community to share best practices for implementing the Convention. This meeting was part of an IVLP sponsored by the U.S. Embassy in Belmopan that focused on improving Belize’s compliance with the Convention.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Belize.

Thursday, August 10, 2023

U.S. ACTIONS AGAINST ARGENTINA FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

 

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Argentina has been declared by the State Department to be noncompliant with the Hague Abduction Convention for each and every year for the past eight years.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Argentina:

·       Department officials, in Washington, DC and at the U.S. Embassy in Buenos Aires, continued to raise concerns with Government of Argentina officials about Argentina’s demonstration of a pattern of noncompliance.

·       In July 2022, the U.S. Ambassador to Argentina raised U.S. concerns about Argentina’s demonstration of a pattern of noncompliance with the Argentine Minister of Foreign Affairs, International Trade, and Worship.

·       In August 2022, officials at the U.S. Embassy in Buenos Aires met with the Director of the Argentine Central Authority to discuss international parental child abduction issues.

·       In September 2022, the Consul General at the U.S. Embassy in Buenos Aires met with counterparts at the French Embassy in Buenos Aires to discuss shared experiences with Argentina’s implementation of the Convention, specifically significant delays within the Argentine judiciary. This collaboration will allow the Department to target multilateral diplomacy initiatives and identify like-minded countries to explore areas of collaboration.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Argentina as a country cited for demonstrating a pattern of noncompliance.

·       Also in May 2023, the Deputy Chief of Mission at U.S. Embassy Buenos Aires delivered a demarche to the Argentine Undersecretary for Foreign Affairs in the Ministry of Foreign Affairs, International Trade, and Worship. The Deputy Chief of Mission notified the Government of Argentina that the Department cited Argentina in the 2023 Annual Report on International Child Abduction for demonstrating a pattern of noncompliance in 2022. This demarche highlighted Argentina’s persistent failure to comply with its Convention obligations. In particular, the demarche noted U.S. concerns with serious judicial delays and a legal system that allows multiple appeals both on the merits of the decision and on how decisions are enforced.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Argentina.

Wednesday, August 09, 2023

U.S. ACTIONS AGAINST BRAZIL FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Brazil has by far the worst record of all of the countries in the world of having been declared by the State Department to be noncompliant with the Hague Abduction Convention for each and every year for the past seventeen years.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Brazil:

·       Department officials, in Washington, DC and across the U.S. Mission to Brazil, continued to raise concerns with Government of Brazil officials about Brazil’s repeated demonstration of a pattern of noncompliance.

·       In August 2022, U.S. and Brazilian high-ranking officials participated in the 20th Annual U.S.-Brazil Consular and Migration Dialogue. In conversations with Brazil’s Ministry of Foreign Affairs and Ministry of Justice and Public Security, the U.S. delegation emphasized the importance of Brazil’s compliance with the Convention and stressed that Brazil should use the most expeditious procedures available to resolve cases of international parental child abduction.

·       In November 2022, the Consular Chief at the U.S. Embassy in Brasilia met with the Director of the Brazilian Central Authority. The Director had recently launched a public awareness campaign highlighting the benefits of the Convention to the Brazilian public.

·       In March 2023, Department officials presented on the role of central authorities and best practices for Convention implementation at a conference attended by Brazil’s International Hague Network Judges, key officials from the Brazilian Foreign and Justice Ministries, and other judicial and private sector stakeholders. The conference also included presentations from the National Center for Missing & Exploited Children, as well as delegations from Canada, the United Kingdom, and Australia.

·       Additionally, the Consular Chief at the U.S. Embassy in Brasilia met with the new Director of the Brazilian Central Authority to underscore the U.S. Mission to Brazil’s support role in assisting Brazil to meet its Convention obligations.

·       Also in March 2023, the Deputy Assistant Secretary of State for Overseas Citizens Services and the Special Advisor for Children’s Issues discussed IPCA and the need for the Brazilian judiciary to expedite the processing of Convention cases with the Chief Justice of Brazil’s Superior Court of Justice.

·       In April 2023, the U.S. Embassy in Brasilia’s Consular Chief discussed the ongoing need for Brazilian-led efforts to expedite Convention cases with the Chief of Staff of the incoming Chief Justice of Brazil’s Supreme Federal Court.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Brazil as a country cited for demonstrating a pattern of noncompliance.

·       Also in May 2023, the Minister Counselor for Consular Affairs at the U.S. Mission to Brazil delivered a demarche to the Secretary of Brazilian Communities and Consular and Legal Affairs within the Brazilian Ministry of Foreign Affairs, notifying Brazil that the Department cited Brazil in the 2023 Annual Report on International Child Abduction for demonstrating a pattern of noncompliance during 2022. This demarche expressed concern about Brazil’s persistent failure to comply with its Convention obligations. In particular, the demarche noted U.S. concerns with delays in Convention cases within Brazil’s judiciary. The demarche also conveyed concerns with the ongoing vacancies in the Brazilian Central Authority, which arose in late 2022 and appeared to cause delays in case processing. The Minister Counselor for Consular Affairs also met with Brazil’s Special Advisor on International Affairs for the Minister of Justice and Public Security to discuss demarche points and emphasize the importance of Convention compliance.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Brazil.