211510143

InternationalDisputesonAbduction

Firstofall,asanexperiencedattorneyininternationalcustodydisputes,Iwouldseeifthe
country the child is taken into is in the Hague convention or not. The Hagueconvention
simply lists the countries with such civil aspects in international child abduction which
tells that if a child who is originally resident in one member country, and has been
retained inanothermembercountryininfractionoftheotherparent'scustody permission,
ought to be immediately go back to the country of the original residency. So, my
judgmentwillbebasedon.

However, I havetoputin mindthepossibilityofthe clientspartnermighthavetakenthe

child to a nonmember Hague convention country. As it is in this case, outside of those
member countries, since there is no resourceinanyconventiontothisparticularcountry,
I wouldlookintojudicialprecedentsthatacourthaddecidedpreviouslyinasimilarcase,
then I would see the facts and the issues related to the case. Afterall, in related
Convention Hague countries, the foreign government will cooperate with the central
authorities in order to get the child who's kidnapped by one of his parents, while other
nonmember countries cases depend on the degree of cooperation of the authoritieswith
their government, or thevoluntaryconsentofthefatherorthemotherof thechildhanded
overtotheotherpartner,whohascustodyofthem.

Some fathers or mothers feel helpless awaiting for their abducted child, and for
government procedures, so they turn to contact one of the private security companies,
whichrelyonagentsworkingontherecoveryoftheabductedchild.

Conclusion

In some abduction cases having considered and put in mind the child'sbestinterests,the
objections of the other parent and the policy that applied in nonmember Hague
Convention,thecourtmightordertherecoveryofthechild.

I advise the parent to raise a case in the specialized court, with the help of the
ambassadors, lawenforcement agencies and the foreign government. hopefullythecourt
will see the logical outcome which is that no child would ever be returned to a
jurisdiction inwhichbothparents,donothaveequalparentalrights,andequalaccesstoa
systemoflawwhichdirectedbysuchcourtandthatwouldperceiveasjustice.

Reference

"HCCH The International Child Abduction Database (INCADAT) | Detail".

Incadat.com
.N.p.,2004.Web.8Apr.2016.

"International Family Law Firm".

Internationaldivorce.com
. N.p., 2016. Web. 9 Apr.
2016.

Leung,Rebecca."Kidnapped".
Cbsnews.com
.N.p.,2016.Web.9Apr.2016.

Maier,Timothy."KidsHeldHostage".
Insightmagazine
1999:n.pag.Print.

Category4:LawResearchRubric

Performance

Accomplished

Acceptable

Developing

Below

Element

Expectation

Expectation

Expectation

Expectation

(A)4Points

(AE)3points

(DE)2points

(BE)1

Purpose/

Research Legal issue Legal issue is

well defined.
Objective iswelldefined.
Purpose
is
andContent Purpose is clearly stated. Provides
outlined
partially
Provides complete, complete
accurate and
accurate and relevant
relevant
information.
information.

Legal issue is Legal issue

defined with not

of ideas supported by development

pertinent

details supported

evidence

analysis, elaborated,

reflection.

clear

purpose been neither is the

stated.

purpose.

Development Depthandcomplexity Depth of idea Unelaborated

ofIdeas

Marks

idea

Minimal idea
development

by development
and

and unrelated
details.

relevantdetails. repetitious
details very
inconsistent.

References

Use

of

references,
and
sources

reliable Use of mostly Some

References

primary reliable

which

secondary references

references
present

indicates indicates ample not

substantialresearch.

research.

but unreliable.

reliable

sources.

are

Organizatio

Careful and

organization.

clear Logical

Lapses

organization
with

focus

in Random

or

and weak

some coherence.

organization.

weak
arguments.
Sentence/

Variety of sentence Controlled and Simplistic and Incorrect or

Paragraph

structure and length varied sentence awkward

lack of topic

Structure

paragraph

sentence

and have no

ample evidence and analysis.

structure

logical

analysis.

paragraph

organization

lacking

and little to

contain structure

evidence and noevidence/

Language

Preciselanguage

analysis.

Analysis.

Acceptable,

Simplistic

Incorrect and

effective

language

ineffective

language

verbs

are wording and

redundant

sentence
structure.

Grammar
and
Formatting

APA Style citation Few errors in

or
format with few grammar
format used
mistakes minimum APA
Style
lengthmet.
citation
but
struggled with
details of the
format.

Some

errors Errors
in
in grammar grammar and
format (e.g.,
and
format spelling,
that do not punctuation,
interfere with capitalization
, headings)
communicatio
that interfere
n.
withclarity.

TotalMarks