Tuesday, March 28, 2006

Case Law Development: Visitation Disputes under the International Child Abduction Remedies Act

The United States Court of Appeals for the Fourth Circuit affirmed a trial court's dismissal of visitation claims in a suit under the International Child Abduction Remedies Act.  The court held that the Act provides remedies only for violations of the Hague Convention on the Civil Aspects of International Child Abduction.  Since the treaty does not address visitation or access issues outside the context of wrongful removal or retention of a child, the federal courts have no jurisdiction under the act.  Rather, parties seeking to enforce visitation right should file suit in state courts.

A dissenting judge would have interpreted the act to cover these issues.

Cantor v. Cohen, 2006 U.S. App. LEXIS 6915 (4th Cir. March 21, 2006)
Opinion on the web (last visited March 26, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/03/case_law_develo_36.html

Custody (parenting plans), International, Jurisdiction, Visitation | Permalink

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