Resource Update: Hague Conference publishes child abduction statistics in advance of Special Commission

In advance of its 8th Special Commission meeting, the Hague Conference on Private International Law has produced a report on child abduction case statistics. The Hague Conference solicits these statistics from Central Authorities in Contracting States. The statistics in this report relate back to calendar year 2021. Here are some of the take-aways:

  • Responses were received from 71 of the 101 Contracting States (103 Contracting States as of September 2023) to the Hague Abduction Convention

  • The statistics included, in addition to access applications, 2,180 applications to have a child (or children) returned under the Convention (with detailed information available for 2,095 applications)

  • The overall return rate was 39% (328 by voluntary agreement and 479 by judicial order)

  • The overall return rate was lower than in 2015 (43%), 2008 (44%), and 2003 (44%)

  • Of the return applications that were decided by a court, 59% ended in a return, 35% in a refusal to return, and 5% in other voluntary agreements or judicial orders

  • 10% of applications were withdrawn in 2021, which is the lowest on record

  • 75% of taking persons were mothers

  • 88% of taking persons were primary or joint-primary caretakers

  • The average overall number of days to resolve a return application was 207 days. This is appreciably higher than 2015 (164 days), and 2008 (188 days). But, do remember that these statistics include years in which there were court closures, or shifts to virtual court hearings, because of the COVID pandemic.

  • 42% of return applications that went to court were appealed. This is an increase from 2015 (31% appealed) and 2008 (24% appealed)

  • The average age of a child was 6.7 years

You can learn more and read the statistical report here.

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Case Update (21 Sept 2023): Matter of Luisa JJ v. Joseph II; NY court reverses and remands for trial court to consider arguments against returning a child under the Abduction Convention

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Case Update (12 Sept 2023): McElligott v. McElligott; mature 12-year old with particularized object was found to be unduly influenced and therefore returned to Ireland