DOS Update (3 May 2023): Annual ICAPRA Compliance Report is Published

Abduction

May 3

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 USA).

For the 2023 report (looking at cases from 2022), the below countries were designated as demonstrating a pattern of noncompliance 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.

2023 Non-Compliant Countries:

-Argentina (judiciary failed to implement and comply with Convention)

-Belize (judiciary failed to implement and comply with Convention)

-Brazil (judiciary failed to implement and comply with Convention)

- Bulgaria* (Central Authority failed to fulfill its responsibilities)

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

-Egypt (failed to work with USA to resolve cases)

-Honduras (Central Authority failed to fulfill its responsibilities)

-India (failed to work with USA to resolve cases)

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

-South Korea (failure to enforce return orders)

-Peru (Central Authority failed to fulfill its responsibilities)

-Romania (judiciary failed to implement and comply with Convention)

-Russia* (failed to work with USA to resolve cases)

-UAE (failed to work with USA to resolve cases)

*Notes a new country added to the list from 2022.

Austria, Costa Rica, and Trinidad & Tobago were removed from last year's non-compliant 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/