DOS Update (17 June 2022): Annual ICAPRA Compliance Report is published

Jun 18

The U.S. Department of State issues a yearly "compliance" report, as mandated by Congress, that visits outstanding child abduction cases from the United States to other countries and explores some of the underlying reasons behind why certain cases remain unresolved. The report includes both countries where there is a treaty relationship with the United States under the 1980 Hague Child Abduction Convention and countries where there is no treaty relationship (and, perhaps, no laws in place to facilitate the return of a child to the US).

For the 2022 report (looking at cases from 2021), the below countries were designated as "non-compliant" by the United States. Non-compliance relates to a country's "persistent failure" to abide by legal obligations to return children or work with the U.S. government to resolve cases. Under ICAPRA, a "persistent failure" is where 30% or more of all abduction cases remain unresolved; the foreign country's Central Authority fails to fulfill its obligations under the Hague Abduction Convention or any bilateral agreements; the judicial or administrative branch fails to implement and comply with the Hague Abduction Convention or bilateral agreements; or, law enforcement regularly fails to enforce return or access orders.

2022 Non-Compliant Countries:

-Argentina (delays in the judiciary, with failure to enact legislation to address this)

-Austria* (delays in communication about the resolution of cases, judicial decisions not consistent with the Convention)

-Belize* (delays in the judiciary)

-Brazil (delays in the judiciary, although a note that a lot of cases that were previously unresolved are now resolved)

-Costa Rica (delays in the judiciary)

-Ecuador (not taking appropriate steps to locate children, delays in the judiciary)

-Egypt (lack of viable legal options)

-Honduras* (Central Authority delays, delays in the judiciary)

-India (refusal to engage in government dialogue, no clear procedure to address child abduction)

-Jordan (lack of legal procedures to address child abduction cases)

-South Korea* (delays in the judiciary, delays in enforcement of return orders)

-Peru (Central Authority delays)

-Romania (delays in the judiciary)

-Trinidad & Tobago* (delays in the judiciary)

-UAE (lack of laws to facilitate the return of children)

*Notes a new country added to the list from 2021. All countries listed in 2021 remained on the 2022 list.

Melissa Kucinski

Melissa Kucinski works with family lawyers to strategically resolve their clients’ complex international cases. A fellow of the AAML, the IAFL, and chair of international family law committees in the American Bar and New York State Bar Associations, Melissa is a respected colleague to have on any legal team. A former consultant for the Hague Conference on Private International Law, member of the Uniform Law Commission’s Joint Editorial Board on Uniform Family Laws, and member of the U.S. Secretary of State’s Advisory Committee on Private International Law, Melissa maintains a robust network to help her clients in international disputes.

https://mkfamily.law/