Join agreement against parental abduction: U.S.
The United States has urged India to join ‘Hague Abduction Convention’
to safeguard the rights of children born to Indian-American couples.
Why?
Almost a hundred children born to Indian-American couples are
facing an uncertain future due to the trauma of separation of their parents and
the complex legal issues involved.
Why India should sign this convention?
To create a more effective response to deal with abduction cases
and prevent inter-country parental child abduction.
What is Inter-country parental child abduction?
Inter-country parental child abduction is a situation that is
attained when one parent takes a child or children to a foreign country to
prevent the other parent from seeking custody of the child.
Indian scenario:
India’s case-load (regarding IPCA) is second largest in the United
States which is followed by Mexico. At least 90 children from 80
Indian-American families were affected by separating parents and the legal
problems involved. As more and more Indians are studying and working in the
U.S, such cases are growing in number and it is necessary to get a better
mechanism to deal with this.
About Hague Abduction Convention:
The Hague Convention on the Civil Aspects of International Child
Abduction or Hague Abduction Convention is a multilateral treaty developed by
the Hague Conference on Private International Law (HCCH) that provides an
expeditious method to return a child internationally abducted by a parent from
one member country to another.
- The Convention entered into force between the signatories on 1 December 1983.
- The Convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence.
- The primary intention of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic court.
- The Convention applies only to children under the age of 16.
- 94 states are party to the convention. Philippines is the latest country to accede to the convention.
