Does the 1980 Hague Abduction Convention Apply to Separated & Detained Children in the USA?

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If the parents have been deported and the 2,000 separated children are still in confinement in the United States, the crucial question is how to get them reunited with their parents very quickly. The 1980 Hague Abduction Convention is a potential mechanism to get separated children out of detention and home.

The 1980 Hague Abduction Convention requires that wrongfully retained children must be returned forthwith to their habitual residence. So, by way of example, if Guatemalan parents have been deported to their home country, and the children are still being detained in the United States, the separated parents have a colorable Hague case against the institution holding the children to demand that the children be returned immediately to Guatemala if the parents wish for the child to be returned rather than remain in the United States without the parents.

There are experienced pro bono attorneys standing by throughout the country to help and advance such cases. The law requires that the cases must be filed in the location where the children are actually being detained--and can be filed in federal court. NGOs and other charitable organizations should urgently consider this remedy as soon as they learn the location of a separated child whose parents are no longer themselves in the United States—and get a pro bono Hague attorney involved immediately.

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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