Abstract/Details

The U.S. federal courts response and their application of the best interests of the child standard: Applying the Hague Convention to international child abduction

Rosen, Melanie.   University of New Hampshire ProQuest Dissertations Publishing,  2016. 10161819.

Abstract (summary)

International child abduction occurs when a child is wrongfully removed or retained by a parent, or other family member in another country. It is a recurring issue around the world with yearly 800,000 children being reported missing (Rosas-Moreno & Harp, 2013; Finkelhor, 2002/2003). This research reviews the Hague Convention on the Civil Aspects of International Child Abduction and its application of the best interests of the child standard as applied by randomly selected, recent federal courts. The research question is: “How do U.S. federal courts apply the best interests of the child to international abduction cases remanded from the Hague Convention?” The method uses a legal analysis method that includes the use of primary legal sources, as well as secondary sources. The analysis is based on the random selection of six U.S. federal court cases: two at the Supreme Court level, two at the Court of Appeals level, and two at the District Court level. These cases were first reviewed using an IRAC (issue, rule, analysis, conclusion) method, and then using a rubric of questions that were developed to focus on the research question and the best interests of the child. As a result, it was concluded that the Hague Convention does not have an explicit best interests of the child test as part of its analytical rubric. It is not part of the prima facie case. However, as this exploratory study has shown, the best interests of the child can be found in the exceptions analysis. As demonstrated in these six cases, this standard is only considered if the possibility of an exception can be raised.

Indexing (details)


Subject
Law;
International law
Classification
0398: Law
0616: International law
Identifier / keyword
Social sciences; International child abduction; Parental alienation; Parental alienation syndrome; The Hague Convention; The best interests of the child; The best interests of the child standard
Title
The U.S. federal courts response and their application of the best interests of the child standard: Applying the Hague Convention to international child abduction
Author
Rosen, Melanie  VIAFID ORCID Logo 
Number of pages
107
Degree date
2016
School code
0141
Source
MAI 56/01M(E), Masters Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
ISBN
978-1-369-16681-1
Advisor
DeMitchell, Todd A.
Committee member
Abbott, Katherine R.; Eckstein, Robert P.
University/institution
University of New Hampshire
Department
Justice Studies
University location
United States -- New Hampshire
Degree
M.A.
Source type
Dissertation or Thesis
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
10161819
ProQuest document ID
1842666828
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
https://www.proquest.com/docview/1842666828