International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

September 29, 2020 R46553

International Parental Child Abduction:
September 29, 2020
Foreign Policy Responses and Implications
Katarina C. O'Regan
Decreasing the number of American children affected by international parental child
Analyst in Foreign Policy
abduction (IPCA) and ensuring their prompt return to the United States has been a

longstanding concern for U.S. policymakers. An increase in multinational marriages and
heightened divorce and separation rates contribute to the issue. IPCA cases often garner

global attention and demands for bilateral or multilateral solutions. This report focuses
on the foreign policy aspects of IPCA, including international frameworks, U.S. legislation, and the engagement
of Members of Congress on particular cases.
International Frameworks Related to IPCA
Since 1988, U.S. policy has been to support the Hague Convention on the Civil Aspects of International Child
Abduction (“Hague Convention” or “Convention”) as the principal mechanism for the return of abducted children
to the United States. The Convention provides a method to return children to the country of their “habitual
residence” for further adjudication of the custody dispute. The Convention does not impose criminal sanctions on
the abducting parent. The Convention’s procedures are inapplicable in non-signatory nations. Parents and
governments must seek other means of resolving international child custody disputes with such nations, an often
arduous process. Although 101 countries have become parties to the Hague Convention, some countries, many of
which are in the developing world, have thus far declined to accede, citing concerns over domestic violence and
potential conflicts with legal systems. In the United States, the Hague Convention was established in U.S. law in
1988 through the International Child Abduction Remedies Act (ICARA; P.L. 100-300).
Congressional Interest in IPCA-Related Issues
Congress has enacted subsequent legislation aimed at strengthening U.S. responses to IPCA. Key among these is
the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (the “Goldman
Act”; P.L. 113-150). Citing the number of child abduction cases and low return rates for abducted children,
Congress sought to “provide the Secretary of State with stronger diplomatic tools and a more coherent and
transparent U.S. policy.” The Goldman Act authorized the Secretary of State to take a series of actions, ranging
from démarches to sanctions or extradition requests, in response to countries designated as “noncompliant” with
Hague Convention or other obligations to resolve IPCA cases. It also required two annual reports on IPCA from
the U.S. Department of State. Other legislation has made IPCA a criminal offense and affirmed interpretations of
certain extradition treaties as relating to parental abductions.
Numerous issues may be of interest to Congress as it reviews U.S. policy in this area. Some analysts have debated
the merits of establishing memoranda of understanding (MOUs) with nations that do not appear likely to accede
to the Hague Convention. Such arguments center on questions of whether a willingness to establish agreements
outside of the Convention weakens the Convention or improves options for left-behind parents. Additional
questions have arisen regarding the impact criminal charges have on the prospects of returning abducted children.
Some Members of Congress have pushed for increased charges, while guidance from the U.S. Department of
State and Department of Justice (DOJ) has urged left-behind parents to consider whether charges will affect the
likelihood of a child’s return.
Some Members of Congress have consistently posed questions as to the most effective means of improving
foreign government compliance with IPCA standards and processes, and have at times criticized the State
Department for refusing to implement potentially more coercive foreign policy tools, such as sanctions. Such
arguments have informed several instances in which high-level engagement, coupled with threats to foreign
countries’ economic or trading benefits, appears to have preceded the resolution of certain IPCA cases. State
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International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

Department officials have generally maintained that they believe diplomatic engagement to be an effective and
appropriate remedy.
In considering strategies to prevent IPCA from the United States and to increase the likelihood of the prompt
return of abducted children, Congress may devote attention to the varying reasons for noncompliance with IPCA
standards. Some states may experience capacity shortcomings and thus benefit from increased U.S. foreign
assistance to reform judicial proceedings, while some may be more responsive to the threat of certain punitive
measures. Congress may face trade-offs in pursuing these approaches in terms of competing budgetary or foreign
policy priorities.
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Introduction
Incidents of international parental child abduction (IPCA) present a challenge with significant
implications for the foreign relations of the United States. These abductions continue to be of
particular concern to Congress, both as a foreign policy issue and as an issue that can profoundly
affect constituents. Many experts and policymakers agree that international displacement of a
child from his or her home environment to another, with potentially different social structures,
cultures, and languages, can cause emotional and psychological harm to the child.1
Rates of parental child abductions from the United States to foreign countries have declined
during the past decade. The State Department reports that about 1,500 children were abducted
from the United States by parents between 2008 and 2010, but that this figure decreased to below
1,000 by 2014 (see Table 1). Approximately 700 children were abducted from the United States
by parents in 2018 and 2019, and challenges persist with regard to securing the return of those
children who have been abducted.
Table 1. Children Reported Abducted From/Returned
to the United States Each Year

2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
Reported
1,503
1,468
1,364
1,150
1003
851
774
641
679
698
705
abducted
Returned
546
661
685
580
509
407
337
308
268
252
255
Source: U.S. State Department, “Reported Abductions and Returns 2009-2019,” https://travel.state.gov/content/
travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/data.html.
Notes: The “children returned” figure indicates the number of children returned to the United States during
that calendar year, regardless of the year in which the child was reported abducted. According to CRS
communication with the State Department, these return figures are more accurate than the (different) figures
indicated in annual reports published pursuant to the Goldman Act because returns that occurred in a previous
year may continue to be reported to the State Department after data for that year’s annual report has been
gathered for publication. Also, the “reported abducted” figures refer to the number of children reported
abducted, not the number of abduction “cases” referred to the reports; one “case” may involve multiple
children, and reported abductions may not always proceed to formal cases.
Responding to this issue, Congress has enacted legislation pertaining to IPCA, engaged in
individual cases of abducted children, and conducted oversight of executive branch actions in this
area. Congress has held 11 hearings on the subject since 2014, and some Members have on
occasion blocked legislation unrelated to IPCA until specific cases were resolved.
This report focuses on the implications of international parental child abductions on U.S. foreign
policy, especially with respect to the primary international framework, the Hague Convention on
the Civil Aspects of International Child Abduction (“Hague Convention” or “Convention”) and
prominent U.S. legislation, particularly the Sean and David Goldman International Child
Abduction Prevention and Return Act of 2014 (“Goldman Act.”). The report concludes with a

1 See, for example, remarks by Rep. Christopher H. Smith, U.S. Congress, House Foreign Affairs Subcommittee on
Africa, Global Health, Global Human Rights, and International Organizations, Resolving International Parental Child
Abductions to Non-Hague Convention Countries, hearing, 113th Congress., 1st sess., May 9, 2013; and Marilyn
Freeman, International Child Abduction: Research on the Effects of Abduction and Reunification, International Centre
for Family Law, Policy, and Practice, June 10, 2019.
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International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

discussion of foreign policy issues for consideration by Congress related to its lawmaking and
oversight activities.
Overview of Relevant U.S. Legislation
Law enforcement in the United States historically viewed parental kidnapping as a private family
matter. This belief has changed, as reflected by the enactment of several laws that elevate IPCA as
a foreign policy priority for the State Department and strengthen the ability for the United States
to respond with prosecutorial tools. While the United States may have difficulty enforcing
parental kidnapping laws abroad, these laws can act as useful mechanisms to facilitate solutions
to international child abductions.2
 Parental Kidnapping Prevention Act of 19803 amended the Fugitive Felon Act4
to apply to cases of interstate and international parental abduction. The act
authorized the issuance of Federal Fugitive Felony Warrants for parental
abduction cases in which the abducting parent has fled the United States to avoid
prosecution, among other provisions.5
 International Child Abduction Remedies Act (ICARA) of 19886 implemented
the Hague Convention in the United States. Among other provisions, ICARA
directed the President to designate a U.S. Central Authority and empowered state
and federal courts to hear cases under the Hague Convention.
 International Parental Kidnapping Crime Act (IPKCA) of 19937 criminalized
the removal of a child from the United States with “the intent to obstruct the
lawful exercise of parental rights.”
 Foreign Affairs Reform and Restructuring Act of 19988 required an annual
report from the Secretary of State to Congress on international compliance with
the Hague Convention,. The report is to include information on countries that had
demonstrated a “pattern of noncompliance,” unresolved cases of abductions of
American children, and efforts by the State Department to encourage other
countries to become signatories to the Convention.
 Extradition Treaties Interpretation Act of 19989 authorized the United States
to interpret extradition treaties listing “kidnapping” as encompassing the offense
of parental kidnapping.

2 For more information about the Convention and relevant U.S. domestic laws, see CRS Report RS21261, International
Parental Child Abductions, by Alison M. Smith, and U.S. Department of State, International Parental Abduction, Laws
and Regulations, at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/
laws.html.
3 P.L. 96-611, 28 U.S.C. §1738A.
4 18 U.S.C. §1073.
5 Also see U.S. Department of State, Foreign Affairs Manual, 7 FAM 1710 International Parental Child Abduction, and
U.S. Department of Justice, Criminal Resource Manual, §1781 Parental Kidnapping (archived).
6 P.L. 100-300, 22 U.S.C. §9001 et seq.
7 P.L. 103-173, 18 U.S.C. §1204.
8 P.L. 105-277, Division G.
9 P.L. 105-323.
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 The Immigration Act of 1990,10 amended the Immigration and Nationality Act
to provide that any alien who, in violation of a custody order issued by a U.S.
court, takes or retains a child out of the United States, or who has intentionally
assisted such an act, may be excluded from the United States. The exclusion does
not apply if the alien is a citizen of a country that has ratified the Hague
Convention.11
 Prevention of Child Abduction Partnership Act of 200412 amended ICARA to
limit the tort liability of private entities that receive grants or enter into
agreements to assist the U.S. Central Authority in carrying out the responsibilities
of the Hague Convention.
 Sean and David Goldman International Child Abduction Prevention and
Return Act of 201413 included numerous provisions intended to strengthen the
State Department’s response to IPCA, including annual reports and the
authorization of certain punitive actions by the State Department. For more
information, see the “U.S. Legislation and Implementation: The Goldman Act”
section of this report.
Relevant laws also exist at the state level, including several “uniform acts,” which are designed to
establish the same or similar laws across various jurisdictions. Such laws are typically drafted by
the National Conference of Commissioners on Uniform State Laws, or the Uniform Law
Commission (ULC).14 Relevant uniform laws include the following:
 Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
replaced a previous act, the Uniform Child Custody Jurisdiction Act (UCCJA),
and added provisions authorizing law enforcement and state courts to take action
to locate or return a child, pursuant to the Hague Convention.15 UCCJEA was
drafted by the ULC in 1997 and has been adopted by 49 states, as well as
Washington, DC, Guam, and the U.S. Virgin Islands.16
 Uniform Child Abduction Prevention Act (UCAPA) provides courts with
guidelines for custody disputes in which there is a fear of potential international
abduction of the child. UCAPA identifies risk factors that courts may consider to
determine whether there is a “credible risk of abduction,” including the risk that a
parent is likely to take the child to a country that is not party to the Hague
Convention or is unlikely to effectively enforce return orders pursuant to the

10 P.L. 101-649, amending 8 U.S.C. Ch. 12.
11 8 U.S.C. §1182(a)(10)(C)(iii).
12 P.L. 108-370, 22 U.S.C. §9006.
13 P.L. 113-150, 22 U.S.C. Chapter 98.
14 The ULC is a nonprofit organization composed of state commissions from each jurisdiction (U.S. states and
territories). Per the ULC’s website, “Each jurisdiction determines the method of appointment and the number of
commissioners actually appointed. Most jurisdictions provide for their commission by statute,” Uniform Law
Commission, About ULC, Organization, at https://www.uniformlaws.org/aboutulc/overview.
15 Uniform Child Custody Jurisdiction and Enforcement Act, §301, 302, 315, available at
https://www.uniformlaws.org/viewdocument/final-act-no-comments-15?CommunityKey=4cc1b0be-d6c5-4bc2-b157-
16b0baf2c56d&tab=librarydocuments.
16 Massachusetts has not enacted the UCCJEA. For information on enactment by state, see Uniform Law Commission,
Child Custody Jurisdiction and Enforcement Act, at https://www.uniformlaws.org/committees/community-home?
CommunityKey=4cc1b0be-d6c5-4bc2-b157-16b0baf2c56d.
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International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

Convention.17 UCAPA was drafted by the ULC in 2006 and has been adopted by
14 states and the District of Columbia.18
International Framework: The Hague Convention
The Hague Conference on Private International Law (HCCH) concluded the Convention on the
Civil Aspects of International Child Abduction on October 25, 1980.19 Key objectives of the
Convention are specified in a series of articles, organized into larger chapters within the
Convention text. Objectives include protecting children from wrongful removals and retentions
across international borders and providing procedures to aid in their safe and prompt return. The
Convention deems a child’s removal wrongful when one parent breaches custody rights granted
to the other parent in the jurisdiction of the child’s “habitual residence.”20 The Senate provided its
advice and consent to ratification of the Convention in 1986, and the United States has been a
Contracting State and a State Party to the Convention since 1988.21 There are currently 100 other
Contracting States, of which 79 are treaty partners with the United States.22

17 Uniform Child Abduction Prevention Act, §7, available at https://www.uniformlaws.org/committees/community-
home?communitykey=c8a53ebd-d5aa-4805-95b2-5d6f2a648b2a&tab=groupdetails.
18 The UCAPA has been enacted by Michigan; Pennsylvania; New Mexico; Alabama; Tennessee; Florida; Washington,
DC; Mississippi; Nevada; Colorado; Nebraska; Kansas; Utah; Louisiana; and South Dakota. For information on
enactment by state, see Uniform Law Commission, Child Abduction Prevention Act, at https://www.uniformlaws.org/
committees/community-home?CommunityKey=c8a53ebd-d5aa-4805-95b2-5d6f2a648b2a#:~:text=
The%20Uniform%20Child%20Abduction%20Prevention,prevent%20the%20abduction%20of%20children.
19 The full text of the Convention is available at http://www.hcch.net/index_en.php?act=conventions.text&cid=24.
20 Article 3 of the Convention states, “The removal or the retention of a child is to be considered wrongful where (a) it
is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the
law of the State in which the child was habitually resident immediately before the removal or retention; and (b) at the
time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so
exercised but for the removal or retention.” HCCH, Hague Convention on the Civil Aspects of International Child
Abduction, 1980. According to the Law Library of Congress, “The term ‘habitual residence’ is not defined in the
Hague Convention, but it is a dispositive inquiry in many Hague Convention cases. For a child who is old enough,
courts look to the place where the child has ‘acclimatized.’ Infants, however, are typically deemed too young to have
acclimatized anywhere, so courts look to ‘shared parental intent’ in determining a child’s habitual residence. In March
2020, the U.S. Supreme Court ruled that “the determination of a child’s habitual residence depends on the totality of the
circumstances.” Elizabeth Osborne, “United States: Supreme Court Clarifies Standard for Determining Child’s Country
of Habitual Residence, Affirms Return of Child to Italy,” Global Legal Monitor, March 5, 2020.
21 “Contracting State” refers to a state that has consented to be bound by the treaty, regardless of whether the treaty has
entered into force. This distinction stands in contrast to a “State Party,” which is a state that has consented to be bound
by the treaty and for which the treaty is in force. The treaty enters into force for a country following the country’s
submission of the instrument of ratification, accession, acceptance, or approval, a process that typically takes several
months. See Hague Conference on Private International Law, FAQ, at https://www.hcch.net/en/instruments/
conventions/specialised-sections/apostille/faq1. The United States ratified the Hague Convention with two reservations.
One, pursuant to Article 24, stipulated that documents sent to the U.S. Central Authority should be accompanied by an
English translation (as opposed to French, or other language options listed in the Convention). The second reservation,
pursuant to Article 26, declared that the United States would not be obligated to assume the costs of legal proceedings
for Hague Convention cases. U.S. Congress, Senate, Text of Resolution of Advice and Consent to Ratification Reported
by the Committee on Foreign Relations and as Adopted by the Senate: The Hague Convention on the Civil Aspects of
International Child Abduction, 99th Cong., 2nd sess., October 9, 1986.
22 Although the Convention is by definition in force between all States that have ratified the Convention, States that
accede to the Convention subsequent to its coming into force in 1983 are not automatically accepted as Hague
“partners” by Contracting States, including the United States. Each Contracting State must individually approve new
accessions, after which point the Convention bilaterally enters into force. In July 2020, the State Department
announced that Pakistan would become the 80th Hague partner country of the United States on October 1, 2020. U.S.
Department of State, Office of the Spokesperson, “United States and Pakistan to Become Partners Under the Hague
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The Convention does not act as an extradition treaty or evaluate the merits of specific custody
disputes. Rather, it provides a civil remedy designed to preserve the status quo by quickly
returning abducted children to the country of their habitual residence and allowing the judicial
authorities in that country to address the merits of a custody dispute. The Convention mandates
the designation of a Central Authority in each participating country to process applications for the
return of or access to allegedly wrongfully removed children and to cooperate in locating a
wrongfully retained child, as determined by the judicial authority in the country of habitual
residence, preventing harm to the child, and ensuring his or her prompt return.
The Convention includes an expectation that cases will be addressed “expeditiously,” preferably
within six weeks from the beginning of proceedings (Article 11). To facilitate judicial
communications between domestic courts of different countries on specific cases and to
disseminate best practices, the HCCH administers a group of judges known as the International
Hague Network of Judges (IHNJ). As of August 2020, the IHNJ is composed of 137 judges from
86 countries, 4 of whom are from the United States.23 Issues relating to the Convention are also
addressed through meetings of the Special Commission on the Practical Operation of the 1980
Hague Child Abduction Convention and the 1996 Hague Child Protection Convention, the most
recent of which was held in October 2017.
The number of IPCA cases that involve abductions from the United States to Hague Convention
partner countries has decreased slightly in recent years, see Table 2 below. In 2019, there were
218 new cases of abductions from the United States to Hague partner countries, involving 307
children.24
Table 2. Reported Hague Partner Outgoing Abduction Cases, 2017-2019
New Outgoing
Number of
Number of
Abduction
Countries
Children
Countries with 10+ New Outgoing
Year
Cases
Involved
Involved
Abduction Cases
2017
255
50
361
Mexico (95), Canada (20), United Kingdom
(14), Colombia (10)
2018
246
45
364
Mexico (84), Canada (37), United Kingdom (14)
2019
216
42
306
Mexico (83), Canada (16), Colombia (15),
United Kingdom (13)
Source: CRS presentation of data published online by the Department of State, Bureau of Consular Affairs, at
https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-
data.html.
Notes: “Outgoing” refers to cases involving abductions of children from the United States to a foreign country
that were reported to the U.S. Central Authority. Cases that are reported to the Department of State are not
necessarily transmitted to the foreign central authority. Per State Department annual reports, there may be
discrepancies in some figures.25 Case data on the United Kingdom includes British Dependencies Anguil a and
Bermuda.

Abduction Convention,” July 15, 2020.
23 Hague Conference on Private International Law, International Hague Network of Judges, August 2020.
24 The State Department has attributed successful efforts to deter and address IPCA cases to the impact of the Hague
Convention’s provisions for the return of the child. “Further, the existence of the convention’s return mechanism has
deterred an untold number of abductions, and we are heartened to see the number of new abductions reported to the
Department of State has declined by more than 60 percent over the past 10 years.” U.S. Congress, House Foreign
Affairs Committee, Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations,
No Child Left Behind: An Update on the Goldman Act, hearings, 115th Congress, 2nd sess., April 11, 2018, p. 5-6.
25 “Each year, the Report is based on the information available at the time of publication; for some countries, there may
be minor discrepancies in the data between the end of one year and start of another as a result of information obtained
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Exceptions to the Return of the Child
Despite the focus on returning a child to his or her habitual residence, several factors may allow
for the child to remain with the removing parent, as outlined in the Convention. Per the
Explanatory Report to the Convention, these exceptions “are to be interpreted in a restrictive
fashion if the Convention is not to become a dead letter.”26
 If the child is over age 16 at the time of the original taking or retention, or
becomes 16 at any time after the taking (Article 4).
 If the child has become “settled in its new environment” and more than one year
has passed from the date of the taking or detention (Article 12).27
 If the left-behind parent was not actually exercising custody rights at the time of
the abduction or consented to the taking of the child, if the child possesses a
“degree of maturity at which it is appropriate to take account of its views,” or if
there is a “grave risk” of harm to the child if returned (Article 13).
 If the return of the child would be against “the fundamental principles of the
requested State relating to the protection of human rights and fundamental
freedoms” (Article 20).
In contrast to standards established in some national laws, many U.S. state laws, and the U.N.
Convention on the Rights of the Child (CRC), the Hague Convention does not apply a “best
interests of the child” standard to decisions about a child’s return.28 The Explanatory Report to
the Convention states that the Convention had intentionally avoided the “best interests” standard
in part to discourage estranged parents from seeking out courts they anticipated would be more
favorable to their position (known as “forum shopping”).29 Nonetheless, the Explanatory Report
points to the Preamble to the Convention, which states that “the interests of children are of
paramount importance” and contends that children’s interests are served by protection “from the
harmful effects of their wrongful removal or retention.30

after the reporting period.” U.S. State Department, 2020 Annual Report on International Child Abduction, April 2020,
p. 11.
26 Elisa Pérez-Vera, Explanatory Report on the 1980 Hague Child Abduction Convention, 1980, p. 434. Reportedly,
“Article 13 in the most litigated provision while Article 20 is rarely applied.” Keelikolani Lee Ho, “The Need for
Concentrated Jurisdiction in Handling Parental Child Abduction Cases in the United States,” Santa Clara Journal of
International Law, vol. 14, no. 2 (May 2016), p. 606.
27 If the reason for the delay was concealment of the child’s location, the U.S. custody order may still be considered
under the argument that the one-year limit should be disregarded due to the abducting parent’s conduct: “If the alleged
wrongdoer concealed the child’s whereabouts from the custodian necessitating a long search for the child and thereby
delayed the commencement of a return proceeding by the applicant, it is highly questionable whether the respondent
should be permitted to benefit from such conduct absent strong countervailing considerations.” U.S. Department of
State, “The Hague Convention on the Civil Aspects of International Child Abduction Legal Analysis,” 51 Federal
Register 10494, March 26, 1986, pp.19-20. See also, analysis of U.S. court proceedings which articulate “authority,
however, to support an equitable tolling of the one-year period,” in Rana Holz, “International Parental Child Abduction
Part II: The Respondent’s Case,” The Florida Bar Journal, vol. 77, no. 7 (July/August 2003), p. 62.
28 In the United States, “Whenever a court makes [a determination that affects a child], it must weigh whether its
decision will be in the ‘best interests’ of the child.” U.S. Department of Health and Human Services (HHS), Child
Welfare Information Gateway, Determining the Best Interests of the Child, March 2016, p. 1. According to Article 2 of
the CRC, “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts
of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”
The United States has signed, but not ratified the CRC.
29 Elisa Pérez-Vera, Explanatory Report, pp. 430-432.
30 Some observers question whether an automatic preference for the return of a child fulfills a “best interest” standard.
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The “Grave Risk” Exception and Domestic Violence
Some observers have argued that the Convention’s mechanisms for the return of a child disadvantage vulnerable
parents, particularly mothers living abroad who wish to leave unhappy or abusive marriages. Concerns over the
treatment of domestic violence in Hague cases has reportedly contributed to some countries’ decisions not to
accede to the Convention, despite efforts on the part of the United States and other countries.
These critics posit that the Convention was drafted with the understanding that most cases of parental abduction
would involve a noncustodial parent, likely the father, committing the abduction, and therefore is il -fitting for the
increasing frequency of mothers who abduct their children and allege they are escaping abuse.31 A HCCH review
of Hague Convention cases from 2015 found that 73% of the taking parents were mothers and 58% of taking
parents travelled to a country of which they were a citizen.32 According a 2010 report for the U.S. Department of
Justice (DOJ), which focused on women who left marriages abroad to return to the United States, mothers who
had abducted their children had “often experienced severe violence from the left-behind fathers” prior to
departure and that “U.S. authorities and courts were not receptive to mothers’ safety concerns.”33 The report
also identified issues that may contribute to women fleeing to a different country rather than initiating divorce
proceedings or other custody arrangements in the state of their and the child’s habitual residence, including a lack
of ability to find employment due to visa restrictions, limited social services for domestic violence victims, and
social isolation due to cultural or linguistic differences.34
Increasing concerns relating to domestic violence and the Convention have led it to be the topic of numerous
high-level meetings in recent years, along with the publication of a “Guide to Good Practice on Article 13(1)(b) on
the 1980 Convention” in March 2020. The guide clarifies that the “grave risk” exception “does not require, for
example, that the child be the direct or primary victim of physical harm if there is sufficient evidence that, because
of a risk of harm directed to a taking parent, there is a grave risk to the child.”35
Some countries, including Japan and Switzerland, have addressed these concerns by inserting provisions relating to
domestic violence in implementing legislation.36 In India, concerns over domestic violence were reportedly
significant factors in the Government of India’s refusal to accede to the Convention in late 2016.37 Despite efforts

See for example, Hannah Loo, “In the Child’s Best Interests: Examining International Child Abduction, Adoption, and
Asylum,” Chicago Journal of International Law, vol. 17, no. 2 (December 2016), pp. 621-622.
31 Although the Convention does not refer to the gender or sex of parents, a report included in the working documents
of the Hague Convention listed “typical elements of the situation which results in an abduction” as including a “non-
custodial parent who abducts because of frustration due to diminished influence and access to the child,” Adair Dyer,
“Child Abduction,” Tome III Actes et documents de ]a Quatorzieme Session, October 6-25, 1980, p. 19. Scholars have
found that many countries anticipated the mother as maintaining primary custody and therefore assumed noncustodial
parents to be fathers. See Merle H. Weiner, “International Child Abduction and the Escape from Domestic Violence,”
Fordham Law Review, vol. 69, no. 2, 2000, and Sawako Yamaguchi and Taryn Lindhorst, “Domestic Violence and the
Implementation of the Hague Convention on the Civil Aspects of International Child Abduction: Japan and U.S.
Policy,” Journal of International Women’s Studies, vol. 17, no. 4 (July 2016), p. 18 (hereafter Yamaguchi and
Lindhorst, “Domestic Violence and the Implementation of the Hague Convention”).
32 Nigel Howe and Victoria Stephens, “Part III—A statistical analysis of applications made in 2015 under the Hague
Convention of 25 October 1980 on the Civil Aspects of International Child Abduction—National Reports,” HCCH and
International Centre for Missing and Exploited Children, July 2018, p. 3.
33 Most, but not all, of the women whose experiences were documented in the report were U.S. citizens. Jeffrey
Edleson et al., “Multiple Perspectives on Battered Mothers and Their Children Fleeing to the United States for Safety:
A Study of Hague Convention Cases,” DOJ, National Institute of Justice (NIJ), #2006-WG-BX-0006, December 2010,
p. ix;
34 Ibid., pp. 69-93.
35 HCCH, “Guide to Good Practice on Article 13(1)(b) on the 1980 Convention,” 2020, p. 28.
36 For a comparison of Japanese and U.S. policies regarding domestic violence and the Hague Convention, see
Yamaguchi and Lindhorst, “Domestic Violence and the Implementation of the Hague Convention.” See also Marilyn
Freeman and Nicola Taylor, “Domestic Violence and Child Participation: Contemporary Challenges for the 1980
Hague Child Abduction Convention,” Journal of Social Welfare and Family Law, vol. 42, no. 2 (2020).
37 For a study of Indian law relating to domestic violence and the implications for accession to the Hague Convention,
see Sai Ramani Garimella, “International Parental Child Abduction and the Fragmented Law in India – Time to Accede
to the Hague Convention?” Macquerie Law Journal, vol. 17 (2017).
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by other countries, notably the United States and the United Kingdom, and the issuing of a bil that would have
implemented the Convention in India by the Women and Child Development (WCD) Ministry, the WCD Minister
and Ministry of External Affairs ultimately declined to ratify the Convention. According to the Law Library of
Congress, a “WCD Ministry official stated that signing [the Convention] would be to the disadvantage of Indian
women in that there were far more cases of Indian women escaping bad marriages abroad and returning ‘to the
safety of their homes’ in India than non-Indian women who are married to Indian men leaving India with their
children.”38 Some Indian media sources linked the decision to concerns over domestic violence specifically.39
Muslim-Majority Countries and the Malta Process
The Hague Convention’s prioritization of the return of a child over other considerations is
reportedly an obstacle for the accession to the Hague Convention of countries with legal systems
based on religion or cultural values, for which the return of a child to a parent with a different
background could be problematic. Some observers have paid particular attention to Muslim-
majority countries, of which 12 are parties to the Convention.40 While treatment of parental
abduction cases differs between Muslim-majority countries, many countries’ custody laws reflect
a preference for the mother to maintain custody over young children, and for the children to be
raised in Muslim environments or by Muslim parents. Some commentators have attributed the
reticence of some Muslim-majority countries to become parties to the Hague Convention to a
desire not to return children to non-Muslim parents.41
Since 2004, the HCCH has supported a series of conferences and other events, known together as
the Malta Process, to improve processes for the resolution of IPCA cases that involve “non-
Contracting states whose legal systems are based on or influenced by Islamic law.”42 The number
of participating states has increased, from 14 at the first Malta Conference in 2004 to 34 at the
fourth conference in 2016. The United States has participated since the second Malta Conference,
in 2006. Typically, the conferences include discussions of non-Hague mediation structures,
encouragement for non-Hague countries to review the Convention, and pledges to improve
transnational judicial communication. While the Malta Process focuses on countries with Islamic
jurisprudence, it has also provided a forum for countries with different cultural or religious
objections to the Convention to discuss concerns and mediation alternatives.43
The Role of the State Department’s Office of Children’s Issues
Within the State Department, the Bureau of Consular Affairs’ Office of Children’s Issues leads
U.S. efforts relating to IPCA, including by executing obligations under the Convention as the

38 Lerner, Barry, India: Decision Not to Sign Hague Treaty on Child Abduction, Library of Congress, Global Legal
Monitor, January 23, 2017.
39 Shalini Nair, “India Will Not Ink Hague Treaty on Civil Aspects of Child Abduction,” The Indian Express,
November 27, 2016.
40 To date, Albania, Bosnia and Herzegovina, Burkina Faso, Guinea, Iraq, Kazakhstan, Morocco, Pakistan, Tunisia,
Turkey, Turkmenistan, and Uzbekistan are parties to the Convention.
41 For examples of custody laws and concerns of Muslim-majority countries, see Abdul Ghafur Hamid, Nora Abdul
Hak, Najibah Mohd Zin, and Hidayati Mohamed Jani, “The Applicability of the 1980 Hague Abduction Convention in
Muslim Countries: Particular Reference to the Malaysian Position,” Arab Law Quarterly, vol. 32, no. 2 (January 2018).
42 HCCH, 10th Anniversary of the Malta Process, March 24, 2014.
43 See, for example, the summary of remarks made by Yuko Nishitani on “why few East Asian countries have become
party to the 1980 Child Abduction Convention” as part of a Malta Process-associated working group in HCCH,
“Meeting of the Working Party on Mediation,” March 4, 2019.
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U.S. Central Authority and preparing materials required by the Goldman Act.44 Michelle Bernier-
Toth, a career civil servant, is currently the Special Advisor for Children’s Issues to the Secretary
of State. For outgoing cases involving American children abducted to Hague Convention partner
countries, the State Department accepts and facilitates new applications. In all reported abduction
cases, the State Department can provide left-behind parents through diplomatic channels with
relevant information for locating missing children; report on the status of pending cases; facilitate
communication with other U.S. government agencies, law enforcement, and nongovernmental
organizations; and advocate on behalf of left-behind parents.45 The State Department also
maintains a Hague Convention Attorney Network, which is composed of attorneys who will take
Hague Convention cases on a pro bono or reduced-fee basis, to which it may refer interested
parents. U.S. Embassy consular officials may also monitor the welfare of the kidnapped child and
assist with return arrangements.46
For abductions in progress, in which a child is en route to another country, the State Department
may work with law enforcement officials to prevent the child from departing the United States,
direct relatives to the National Center for Missing and Exploited Children (NCMEC), and
coordinate with overseas embassies and foreign government officials to halt travel plans.47 In
addition, the State Department administers the Children’s Passport Issuance Alert Program
(CPIAP), a tool designed to prevent IPCA by protecting against passport issuance without
parental consent or notification. In 2019, over 4,500 children were enrolled in the CPIAP.48
In addition, the State Department encourages cooperation on abduction cases and improved treaty
compliance through bilateral exchanges between relevant government officials and judges. The
State Department has also negotiated nonbinding memoranda of understanding (MOUs) related to
this issue with non-Hague countries: Egypt (2003), Lebanon (2004), Jordan (2006), Saudi Arabia
(2017), and also supported the reaching on an MOU with Taiwan (2019).49 For further discussion,
see “Promotion of Hague Convention Accession.”
Proceedings of Hague Return Cases Heard in the United States
In the United States, NCMEC works under the direction of the State Department to receive
applications for the return of children wrongfully brought to or kept in the United States. NCMEC
seeks to identify the location of removed children, including through communication with state

44 More generally, the office is tasked with “lead[ing] U.S. government efforts to prevent abductions and to respond
when international abductions or wrongful retentions happen,” regardless of whether an abducted child is taken to a
Convention partner country or a nonpartner country. See U.S. Department of State, Office of Children’s Issues, 2020
Annual Report on International Child Abduction, April 2020, p. 5.
45 22 C.F.R §94.7 and Foreign Affairs Manual, 7 FAM 1710.
46 Foreign Affairs Manual, 7 FAM 1710.
47 U.S. Department of State, Bureau of Consular Affairs, International Parental Child Abduction – Prevention, at
https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/prevention.html. NCMEC serves as an
information and resource center on issues relating to missing and exploited children and is funded under the Missing
and Exploited Children’s program grant administered by DOJ’s Office of Juvenile Justice and Delinquency Prevention.
U.S. Department of State, Office of Children’s Issues, 2020 Annual Report on International Child Abduction, April
2020, p. 5, and U.S. Department of Justice, National Center for Missing & Exploited Children, at https://ojjdp.ojp.gov/
programs/national-center-missing-and-exploited-children.
48 U.S. State Department, 2020 Annual Report on International Child Abduction, pp. 1.
49Because of the unique political status of Taiwan and the unofficial nature of U.S.-Taiwan bilateral relations, the
American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office (TECRO) signed the
relevant memorandum. American Institute in Taiwan, “AIT and TECRO Sign MOU on Cooperation on International
Parental Child Abduction (IPCA),” press release, April 13, 2019.
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social service agencies, and may assist applicants by connecting them with such services and state
attorneys general and private attorneys.50
ICARA provides for jurisdiction in both state and federal courts, though most Hague cases are
held in federal courts.51 In 2015, the United State received 313 return applications from 51
countries. Of those applications, more than half were from three countries: Mexico (122 cases),
Canada (19 cases), and the United Kingdom (19 cases).52 According to the HCCH review of
Hague Convention cases from 2015, the United States averaged 208 days to reach a final
settlement, compared with a global average of 164 days, both of which are longer than the
Convention’s preference for a resolution within six weeks.53
Withholding of Foreign Assistance Provisions in Appropriations
Since FY2012, annual Department of State, Foreign Operations, and Related Programs (SFOPS)
appropriations legislation has included a provision authorizing the Secretary of State to withhold
certain bilateral economic assistance funds for the central government of countries that the
Secretary determines are “not taking appropriate steps” to comply with the Hague Convention.54
The Secretary must report to the Committees on Appropriations within 15 days of making any
such determination. To date, the Secretary of State has not withheld funds pursuant to this
provision.55
U.S. Legislation and Implementation:
The Goldman Act
The Sean and David Goldman International Child Abduction Prevention and Return Act of 2014
(the “Goldman Act”; P.L. 113-150) became law in August 2014. Congress, citing the number of
child abduction cases and low return rates for abducted children, sought to strengthen the U.S.
response to abductions beyond previous reporting requirements by “[providing] the Secretary of
State with stronger diplomatic tools and a more coherent and transparent U.S. policy.”56 The
Goldman Act includes the following key provisions:
 Requiring a more comprehensive annual report from the State Department on
IPCA, including a list of countries determined to have demonstrated a “pattern of
non-compliance” with their Hague Convention obligations, their agreed bilateral

50 22 C.F.R §94.6.
51 Jennifer Baum, “Ready, Set, Go to Federal Court: The Hague Child Abduction Treaty, Demystified,” American Bar
Association, July 15, 2014.
52 Nigel Howe and Victoria Stephens, “Part III—A statistical analysis of applications made in 2015 under the Hague
Convention of 25 October 1980 on the Civil Aspects of International Child Abduction—National Reports,” HCCH and
International Centre for Missing and Exploited Children, July 2018, p. 142.
53 Ibid., p. 147.
54 According to S.Rept. 112-85, this provision was added due to concerns from the Senate Appropriations Committee
that “many countries, including Costa Rica, are failing to meet their commitments under the [Hague Convention.]” The
provision has typically pertained to funds appropriated under Title III of annual SFOPS appropriations bills, Bilateral
Economic Assistance. For FY2012-2014, the provision stated that the Secretary of State “may” withhold the specified
funds. For FY2015-FY2020, the provision states that the Secretary “should” withhold the funds.
55 CRS correspondence with U.S. State Department Office of Children’s Issues, September 4, 2020.
56 U.S. Congress, Senate Committee on Foreign Relations, S.Rept. 113-204 accompanying the Goldman Act.
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procedures with the United States, or a failure to “work with the Central
Authority of the United States to resolve abduction cases.”57
 Requiring an additional report to Congress on actions taken regarding
noncompliant countries within 90 days of the publication of the annual report.
 Mandating diplomatic or sanctions actions be taken by the Secretary of State
against governments of countries with a “pattern of non-compliance,” subject to
exceptions and waivers.
 Requiring that the Secretary of State pursue bilateral agreements on procedures
with those countries “that are unlikely to become Convention countries in the
foreseeable future” and with Convention signatory countries “that have
unresolved abduction cases that occurred before the Hague Abduction
Convention entered into force with respect to the United States or that country.”
 Mandating the creation of an interagency working group on child abduction
prevention composed of representatives from the State Department, Department
of Homeland Security, and Department of Justice.58
Reporting Requirements
The State Department has produced an annual report pursuant to the Goldman Act since 2015; the
most recent report, covering calendar year 2019, was released in April 2020. The reports include
information on developments and statistics on outgoing (from the United States) abduction cases
in each “pattern of noncompliance” country, as well as other countries with at least one abduction
case.59 Since 2015, the State Department has also published an Action Report on IPCA, which
fulfills Goldman Act requirements that the Secretary report on specific actions in response to
countries identified as engaging in a pattern of noncompliance. 60
According to the most recent annual report, the Office of Children’s Issues handled 716
abduction cases in 2019, 295 of which were new cases. The report also indicated that 33% of the
children involved in abduction cases opened in 2017 had been returned to the United States. Of
the cases (each of which can involve multiple children) opened in 2017, 48% had been resolved
“either judicially or voluntarily,” 45% were “resolved for other reasons or had been closed
administratively,” and 7% remained unresolved by the end of 2019.61

57 This report replaced the prior annual report required under Section 2803 of the Foreign Affairs Reform and
Restructuring Act of 1998 (Division G of P.L. 105-277). The newer required report is more comprehensive and detailed
in its requirements and is broader in scope, in that it includes reporting on countries that are not signatories to the
Hague Convention, thereby broadening the number of countries that may be designated as non-compliant.
58 The act also mandated that U.S. Customs and Border Protection establish a program to prevent the departure from
the United States of children when presented with a court order prohibiting their removal. Information about this
program is available at https://www.cbp.gov/travel/international-child-abduction-prevention-and-return-act.
59 The Goldman Act requires more detailed information for countries with five or more abduction cases than those with
less, but in recent years the State Department has included the detailed information for all countries with at least one
abduction case.
60 Pursuant to the Goldman Act, the annual report is due by April 30; the action report is due no later than 90 days after
the submission of the annual report, P.L. 113-150, §101(a), 202(c)(4), 22 U.S.C. §9111(a), 9211(c)(4). These reports
are accessible under the “Action Reports on International Child Abduction” heading at https://travel.state.gov/content/
travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
61 U.S. State Department, 2020 Annual Report on International Child Abduction, April 2020. A case is considered
“resolved” if it meets one of six criteria: (1) the child is returned to the country of habitual residence; (2) the judicial or
administrative branch where the child is located is complying with the provisions of the Hague Convention or relevant
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Pattern of Noncompliance
Pursuant to the Goldman Act, countries determined to have demonstrated a pattern of
noncompliance “may be evidenced by” the presence of one or more of four criteria:
1. 30% or more of the total abduction cases to that country are unresolved;
2. the country’s central authority “regularly fails to fulfill its responsibilities” under the
Hague Convention or under relevant bilateral procedures;
3. the relevant judicial or administrative branch of a Hague Convention signatory country or
a country under bilateral procedures with the United States “fails to regularly implement
and comply with” the Convention or those procedures; or
4. the country’s law enforcement authorities “regularly fail to enforce return orders or
determinations of rights of access” by the country’s judicial or administrative
authorities.62
As shown in Table 3, the number of countries identified as demonstrating a “pattern of
noncompliance” has generally decreased, from 22 countries in the report covering calendar year
2014 (the first report produced pursuant to the Goldman Act) to 10 countries in the most recent
report. Some U.S. policymakers have questioned decisions to remove certain countries from the
noncompliant list, arguing that the list and potential associated punitive actions pursuant to the
Goldman Act present a powerful tool to resolving IPCA cases. See the “Improving Compliance”
section of this report.

bilateral procedures; (3) the left-behind parent comes to a voluntary agreement with the other parent; (4) the left-behind
parent withdraws the request for assistance from the Department of State; (5) the left-behind parent cannot be located
for more than one year; or (6) the left-behind parent or the child is deceased.
62 22 U.S.C. 9101. Pursuant to the act, the State Department’s annual reports have included brief explanatory
determination information reflecting these criteria.
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Table 3. Countries Demonstrating a “Pattern of Noncompliance,” 2014-2019
2014
2015
2016
2017
2018
2019
Argentina
Argentina
Argentina
Argentina
Argentina
Argentina
The Bahamas
The Bahamas
The Bahamas
The Bahamas
Brazil
Brazil
Brazil
Brazil
Brazil
Brazil
Ecuador
Costa Rica
Colombia
Colombia
Dominican
China
Egypt
Ecuador
Costa Rica
Costa Rica
Republic
Dominican
India
Egypt
Dominican
Dominican
Ecuador
Republic
Jordan
India
Republic
Republic
Guatemala
Ecuador
Lebanon
Jordan
Ecuador
Ecuador
India
India
Peru
Peru
Egypt
Egypt
Jordan
Japan
United Arab
Romania
Guatemala
Guatemala
Nicaragua
Jordan
Emirates
United Arab
Honduras
Honduras
Panama
Morocco
Emirates
India
India
Peru
Peru
Jordan
Jordan
Romania
United Arab
Lebanon
Lebanon
Tunisia
Emirates
Nicaragua
Nicaragua
Oman
Oman
Pakistan
Pakistan
Peru
Peru
Poland
Romania
Romania
Tunisia
Saudi Arabia
Slovakia
Tunisia
Source: State Department annual reports on international child abduction.
Notes: Italicized 2019 countries are those that have been listed as non-compliant in every annual report since
the Goldman Act’s enactment. Years indicated correspond with the calendar year reported, not the year of the
report issuance.
Escalating Options for the Secretary of State
For countries determined to have demonstrated a pattern of noncompliance, the Goldman Act
requires that the Secretary of State take one or more of a prescribed list of punitive actions against
the government in question.63 These actions range in severity from a démarche (a formal
diplomatic representation of one government’s official position, views, or wishes on a given
subject to an appropriate official in another government)64 or an official public statement to
restrictions on development or security assistance, as well as extradition requests for individuals
engaged in abduction (see text box below).65 The law provides the Secretary with discretion to

63 The Secretary of State is also to “inform senior officials in the foreign government of the potential repercussions” of
the determination and to direct the Chief of Mission to “directly address the systemic problems that led to such
determination” (22 U.S.C. 9122). Similar actions are to be taken in cases that are unresolved longer than 12 months
when the Secretary determines that the relevant government has failed to take appropriate steps to resolve the case. See
22 U.S.C. 9121.
64 U.S. Department of State, Foreign Affairs Manual, 5 FAH-1 EXHIBIT H-611, Diplomatic Terms.
65 22 U.S.C. 9122.
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substitute commensurate actions or to delay or waive the application of actions based on U.S.
national security interest, or in light of ongoing negotiations or the anticipation of corrective
action on the part of the offending country.66
Actions Available to the Secretary of State Pursuant to Section 202(d) of the
Goldman Act, 22 U.S.C. Section 9122
(1) a demarche;
(2) an official public statement detailing unresolved cases;
(3) a public condemnation;
(4) a delay or cancellation of one or more bilateral working, official, or state visits;
(5) the withdrawal, limitation, or suspension of U.S. development assistance in accordance with Section 116 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n);
(6) the withdrawal, limitation, or suspension of U.S. security assistance in accordance with Section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304);
(7) the withdrawal, limitation, or suspension of assistance to the central government of a country pursuant to
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the Economic
Support Fund); and
(8) a formal request to the foreign country concerned to extradite an individual who is engaged in abduction and
who has been formally accused of, charged with, or convicted of an extraditable offense.
Of the punitive actions specifically called for in the Goldman Act, the State Department has
generally chosen to deliver a démarche to noncompliant countries, in addition to undertaking
other diplomatic actions to encourage compliance. In the July 2020 Action Report on
noncompliant countries, for example, the State Department indicated that it had delivered
démarches or diplomatic notes and had raised the issue at various meetings with the 10
noncompliant countries concerning their pattern of noncompliance.67 According to the Office of
Children’s Issues, the State Department had “not yet taken any of the specific actions relating to
the withdrawal, limitation, or suspension of development or security assistance, or assistance to a
foreign central government” as of September 2020.68 Occasionally, actions not explicitly included
in the Goldman Act are taken. In testimony before the Tom Lantos Human Rights Commission
(“Lantos Commission”) in July 2019, Assistant Secretary of State for Consular Affairs Carl Risch
stated that for the first time, the State Department would include a country’s status relating to
IPCA as a factor for consideration for H-2 country eligibility, a temporary non-immigrant worker
visa program.69
Issues for Congress
Numerous issues may be of interest to Congress as Members engage on casework and policy
solutions relating to IPCA. Key among these issues are the impact of U.S. efforts to promote
accession to the Hague Convention and bilateral agreements, the use or threat of punitive actions

66 22 U.S.C. 9122; 22 U.S.C. 9124. Such actions are subject to humanitarian exceptions.
67 U.S. State Department, “Action Report on International Child Abduction,” July 2020. The State Department, in its
determination of “pattern of noncompliance” countries in the annual report, is to “indicate whether noneconomic policy
options designed to resolve the pattern of noncompliance have reasonably been exhausted.” The annual reports issued
to date do not appear to comment on this question when discussing noncomplying countries.
68 CRS correspondence with U.S. State Department Office of Children’s Issues, September 24, 2020.
69 Testimony of Assistant Secretary of State Carl Risch, in U.S. Congress, Tom Lantos Human Rights Commission,
The Goldman Act at Five Years, hearings, 116th Congress, 1st sess., July 25, 2019.
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to incentivize international cooperation on IPCA cases, and the potential implications for left-
behind parents in pursuing criminal charges against abducting parents.
Promotion of Hague Convention Accession
Although Congress has generally supported the State Department’s advocacy for states to join
and abide by the provisions of the Hague Convention, some Members have supported the
development of MOUs with countries that have not acceded to the Hague Convention. Some
observers have questioned whether the pursuit of bilateral relations outside the Convention risks
undermining efforts to encourage more countries to join the treaty.
Some State Department officials have opposed MOUs or other bilateral arrangements, arguing
that prioritizing Hague Convention accession is more effective. In response to questions during a
2014 Senate Foreign Relations Committee (SFRC) hearing on IPCA, then-Special Advisor for
Children’s Issues Susan Jacobs stated that MOUs “provide no consistent basis for returning
children,” were not “a realistic alternative to the Convention,” and “divert resources from
promoting the Convention.”70 Ambassador Jacobs cited the three existing MOUs (with Egypt,
Lebanon, and Jordan) and explained that no successful returns of abducted children had been
negotiated through those agreements. Furthermore, she contended that MOUs “actually
undermine the Convention as countries do not see the need to take further action once they have
signed the nonbinding MOU.”71 Some stakeholders have added to Ambassador Jacobs’ concerns,
contending that numerous bilateral treaties could incentivize abducting parents to engage in
“forum shopping” to find a country with the most lenient MOU, or by undermining U.S. relations
with states that may be frustrated by perceived inconsistencies in the stringency of MOU terms
relating to IPCA.72
More recent statements from the State Department have affirmed the primacy of the Hague
Convention but have lessened criticism of MOUs. Recent annual reports have called the
Convention “the best means of ensuring that countries establish procedures to address abduction
cases.” Assistant Secretary Risch affirmed to the Senate Judiciary Committee in 2018, however,
that “for those countries that are not likely to accede to the Convention in the foreseeable future,
we seek opportunities to sign Memoranda of Understanding.,”73
Other observers have refuted assertions that MOUs necessarily dilute the Convention. In
testimony before the House Foreign Affairs Committee (HFAC) in 2018, a lawyer specializing in
international law argued that MOUs serve as opportunities to “address specific problems and to
provide diplomatic solutions;” these could include agreeing on objective goals that foreign
countries can meet to lead to their removal from the noncompliant list and to facilitating a Hague
Convention partnership with the United States.74 Some Members of Congress continue to express

70 U.S. Congress, Senate Committee on Foreign Relations, International Parental Child Abduction, hearings, 113th
Cong., 2nd sess., February 27, 2014, p. 52.
71 Ibid., p. 62.
72 Ericka Schnitzer-Reese, “International Child Abduction to non-Hague Convention Countries: The Need for an
International Family Court,” Northwestern Journal of International Human Rights, vol. 2, no. 1 (Spring 2004), pp. 11-
12.
73 Questions for the Record by Assistant Secretary of State Carl Risch, in U.S. Congress, Senate Judiciary Committee,
115th Congress, 2nd sess., April 24, 2018.
74 U.S. Congress, House Foreign Affairs Committee, Subcommittee on Africa, Global Health, Global Human Rights,
and International Organizations, No Child Left Behind: An Update on the Goldman Act, hearings, 115th Congress, 2nd
sess., April 11, 2018, p. 56.
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interest in MOUs, including for states that join the Hague Convention, as Convention procedures
do not apply to pre-Convention cases. For instance, some Members remain interested in the idea
of an MOU with Japan that would apply to cases initiated prior to Japan acceding to the
Convention.75
To date, no countries that have MOUs on IPCA with the United States have become parties to the
Hague Convention. Countries with MOUs have demonstrated different patterns regarding
noncompliance (see Table 4). To support their views, observers on various sides of the argument
have pointed to the existence of a 2003 protocol between the United Kingdom and Pakistan. In
2014, then-Ambassador Susan Jacobs stated that no return cases were successfully resolved
according to this protocol, a fact that some subsequently attributed to a lack of enactment in
Pakistani law.76 However, in light of Pakistan’s accession to the Convention in 2017, one lawyer
credited the protocol with “establishing the legal culture that allows now the [Hague Convention]
to become part of a normalized concept of the law there.”77 In July 2020, the State Department
announced that Pakistan would become a Hague Convention treaty partner with the United States.
Table 4. IPCA MOU Countries/Entities and Patterns of Noncompliance 2014-2019
Years for which the State Department Annual Report identified countries as demonstrating a pattern
of noncompliance
Country (Year of MOU)
2014
2015
2016
2017
2018
2019
Egypt (2003)
x
x
—
—
x
x
Lebanon (2004)
x
x
—
—
x
—
Jordan (2006)
x
x
x
x
x
x
Saudi Arabia (2017)
xa
xa
xa
—
—
—
Taiwan (2019)
xa
xa
xa
xa
xa
—
Source: State Department annual reports on international child abduction.
Notes: x indicates years marked as noncompliant. Years indicated correspond with the calendar year reported,
not the year of the report issuance. Because of the unique political status of Taiwan, the memorandum was
signed by the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office
(TECRO).
a. Indicates years prior to the signing of an MOU with the United States.

75 See comments by Rep. Chris Smith in Tom Lantos Human Rights Commission, The Goldman Act at Five Years,
hearings, 116th Congress, 1st sess., July 25, 2019. According to the 2020 Annual Report, “The [State] Department
continues to work with Japan to resolve the 13 pre-Convention abduction cases that remained open at the end of the
year, all of which have been outstanding for many years.” U.S. State Department, 2020 Annual Report on International
Child Abduction, p. 84.
76 In the same hearing, Ernie Allen, CEO of the International Centre for Missing and Exploited Children, cited reports
to the contrary: “At the Malta meeting in 2010 Pakistani Supreme Court Justice Tassaduq Hussein Jillani cited 150
cases successfully resolved through this process.” U.S. Congress, Senate Committee on Foreign Relations,
International Parental Child Abduction, hearings, 113th Cong., 2nd sess., February 27, 2014, p. 52, and Elisabeth
Andrews, Lower Tier Members of the Hague Club?, Family Law Week, April 4, 2018.
77 U.S. Congress, House Foreign Affairs Committee, Subcommittee on Africa, Global Health, Global Human Rights,
and International Organizations, No Child Left Behind: An Update on the Goldman Act, hearings, 115th Congress, 2nd
sess., April 11, 2018, p. 56. Also of note, in 2013, Pakistan, which had participated in the Malta Process since 2009,
designated a judge to the International Hague Network of Judges, the Honourable Mr. Justice Tassaduq Hussain Jillani,
the former Chief Justice of Pakistan’s Supreme Court. HCCH, Pakistan Joins the 1980 Hague Child Abduction
Convention, December 22, 2016.
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In some cases, countries’ decisions to accede to the Hague Convention have reportedly reflected
efforts to improve bilateral relations with the United States in light of other foreign policy events.
For instance, some observers partly attribute Japan’s accession to the Hague Convention in 2014
as a step to strengthen the bilateral relationship after the breakdown of talks about certain U.S.
military installations in Japan, as well as negotiations on the Trans-Pacific Strategic Economic
Partnership Agreement.78
As part of its oversight responsibilities, Congress may consider issues of MOU effectiveness in
its interactions with the State Department. Congress may also consider factors that have
reportedly contributed to countries’ decisions to join the Hague Convention, including lobbying
by the United States and other countries, the use of cooperation on IPCA cases to strengthen
bilateral relationships in light of other foreign policy developments, and precedent established
through MOUs, the Malta Process, or other agreements.
Improving Compliance
U.S. policymakers have expressed frustration at the lack of enforcement actions relating to
noncompliant countries, including Hague Convention partners, in the context of delayed or
nonexistent return orders. Some Members of Congress have demonstrated interest in better
understanding reasons for noncompliance and for implementing a broad range of policy tools to
improve outcomes related to IPCA, both for Hague partners and other countries. As shown in
Table 2, over 200 new outgoing cases to Hague Partner countries have been reported to the U.S.
Central Authority in recent years. Argentina, Brazil, and Peru—all Hague Convention partners of
the United States prior to the 2014 enactment of the Goldman Act—have been listed as
noncompliant since 2014. Non-Hague countries, including those with MOUs mentioned
previously, have also been listed as noncompliant.
Lack of or delays in enforcement may be due to a range of factors. In 2019, Consular Affairs
Assistant Secretary Carl Risch explained that countries in Latin America tend to have compliance
issues due to the speed of judicial processes, including appeals. Japan, Risch said, experienced
issues relating to the enforcement of court orders.79 According to the 2020 Annual Report, India
has “no clear legal procedure for addressing international parental child abduction cases under
Indian law,” and frequently saw drawn-out court proceedings, as well as a frequent “default to
granting custody to the taking parent.”80 Mexico had the most outgoing cases from the United
States in 2019; 38% of existing outgoing cases to Mexico remained open at the end of the
calendar year; in several cases “competent [Mexican government] authorities delayed taking
appropriate steps to locate a child after a Convention application was filed.”81
Some Members of Congress, experts, and parents of abducted children have advocated for
stronger responses to noncompliant countries. In some cases, Members have criticized the State
Department’s apparent reticence to draw on the full range of actions authorized by the Goldman
Act.82 Generally, State Department officials concur that such actions merit consideration, but they

78 Yamaguchi and Lindhorst, “Domestic Violence and the Implementation of the Hague Convention,” p. 21.
79 Assistant Secretary Risch explained that Japan had recently passed legislation to address the issue, which contributed
to the removal of Japan from the noncompliant list in the most recent annual report. See comments by Assistant
Secretary Risch in Tom Lantos Human Rights Commission, The Goldman Act at Five Years, hearings, 116th Congress,
1st sess., July 25, 2019.
80 U.S. State Department, 2020 Annual Report on International Child Abduction, pp. 28-29.
81 Ibid., pp. 93-94.
82 Speaking of the sanctions provisions in the Goldman Act, Rep. Chris Smith said, “But in one case where sanctions
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International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

argue in favor of the efficacy of diplomatic actions.83 In the 2018 HFAC hearing, then-Special
Advisor Suzanne Lawrence cited the example of Tunisia, which was designated as non-compliant
pursuant to the Goldman Act in annual reports covering 2014-2016. According to Lawrence, the
State Department “consistently held frank discussions with all levels of [the Tunisian]
government, including the President,” about IPCA and the Hague Convention, which contributed
to Tunisia’s decision to improve action on IPCA cases and accede to the Hague Convention in
2017.84 Tunisia has not been identified as non-compliant in subsequent reports.85
Some Members of Congress have suggested that further legislation may help improve compliance
with regard to IPCA. In the 115th Congress, the Bindu Philips and Devon Davenport International
Child Abduction Return Act of 2017 (H.R. 3512), would have amended the Trade Act of 1974 to
prohibit the President from providing a country with a designation that would lead to Generalized
System of Preferences (GSP) privileges if the country was noncompliant under the Goldman Act.
Other Members of Congress have called for drafting new or amending existing legislation to
ensure that the State Department implements additional punitive actions authorized by the
Goldman Act.86
In considering future legislation to improve the outcomes of outgoing IPCA cases, Members of
Congress may consider the impact of different levels of State Department discretion on actions
taken to address IPCA. Congress may also consider how to address the range of factors that
contribute to noncompliance. For instance, Congress may seek to increase or tailor foreign or
technical assistance for countries whose compliance issues appear to be linked to inefficient and
cumbersome judicial proceedings.
In addition, Congress may seek to improve processing times for Hague Convention cases in the
United States. Some stakeholders have suggested that the decentralized nature of Hague
Convention case jurisdiction in the United States, involving multiple types of courts, including

were employed by Congress, they worked, and they’ve certainly worked in other programs both domestically and
internationally and, frankly, all of our civil rights laws have enforcement that includes significant sanctions and that has
worked as well.” U.S. Congress, House Foreign Affairs Committee, Subcommittee on Africa, Global Health, Global
Human Rights, and International Organizations, No Child Left Behind: An Update on the Goldman Act, hearings, 115th
Congress, 2nd sess., April 11, 2018, p. 6. Also see comments by Rep. Chris Smith in Tom Lantos Human Rights
Commission, The Goldman Act at Five Years, hearings, 116th Congress, 1st sess., July 25, 2019.
83 At the same November 2015 hearing, for example, Michele Thoren Bond, then-Assistant Secretary of the Bureau of
Consular Affairs, stated in response to questions by a Member of Congress that “I completely agree that the tools that
are written into the new law are valuable ones and that they are ones that have to be under consideration for use, and
they are. But I do not agree that the best way to approach an issue is to say well, all right, you know, you have had 6
months and we told you these sanctions were out there so now we are going to come out with guns blazing.” Ibid. In its
most recent annual report, the State Department stated that “each abduction is unique and each country has its own
distinct judicial system, law enforcement entities, and cultural and family traditions. The Department of State tailors its
strategy to deploy the most effective bilateral approach.” U.S. State Department, 2020 Annual Report on International
Child Abduction, April 2020, p. 7.
84 U.S. Congress, House Foreign Affairs Committee, Subcommittee on Africa, Global Health, Global Human Rights,
and International Organizations, No Child Left Behind: An Update on the Goldman Act, hearings, 115th Congress, 2nd
sess., April 11, 2018, p. 13.
85 The United States is not Hague Convention treaty partners with Tunisia. According to the most recent annual report,
“The United States is engaged with the Tunisian government regarding the establishment of a treaty relationship
pursuant to the Convention” U.S. State Department, 2020 Annual Report on International Child Abduction, p. 130.
86 See remarks by Rep. Andy Harris and Chris Brann at U.S. Congress, House Foreign Affairs Committee,
Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, No Child Left Behind:
An Update on the Goldman Act, hearings, 115th Congress, 2nd sess., April 11, 2018. See also Peter Messitte, “Getting
Tough on International Child Abduction,” Family Court Review, vol. 58, no. 1 (January 2020), pp. 204.
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International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

some with limited understanding of the Hague Convention, prolongs the resolution of cases.87
One lawyer has contended that these delays on the part of the United States “undercuts the US
efforts to secure international compliance with the best international standards” and obstruct the
efforts of left-behind parents in the United States from protesting delays in the return of children
taken to other countries.88 Congress may consider the pros and cons of passing legislation to limit
jurisdiction over IPCA cases to a smaller set of courts, and/or reallocating resources for judicial
education and trainings in its deliberations.
Selected Involvement by Members in Congress
Some stakeholders have attributed the resolution of certain cases in part to the engagement of Members of
Congress, often on behalf of constituents. As il ustrated in the two cases below, such engagement may take the
form of publicity for the case, congressional calls for a resolution, or legislative actions designed to incentivize a
foreign country to resolve a case.
Lebanon. In the 2019 Lantos Commission hearing on the Goldman Act, Representative Chris Smith and Assistant
Secretary Carl Risch credited Representative Bil Posey and Senator Marco Rubio with contributing to the return
of four children from two families from Lebanon in 2019, pursuant to Lebanese court orders. Senator Rubio had
written a letter to the U.S. Ambassador to Lebanon and had met with the left-behind mothers, and Representative
Posey had reportedly sponsored amendments that would have reduced U.S. funding for Lebanon if the children
had not been returned.89
Brazil. Several Members of Congress were involved in the successful effort to return Sean Goldman from Brazil
to his left-behind father in the United States. In February 2009, Senator Frank Lautenberg sponsored S.Res. 37,
which called on Brazil to improve compliance with the Hague Convention and to return Sean Goldman to his
father. Subsequently, Representative Chris Smith introduced a bil in the House in June 2009 to suspend certain
trade privileges, the Generalized System of Preferences (GSP), with Brazil until it increased compliance with the
Hague Convention.90 Representative Smith’s bil was not ultimately adopted, but when the bil that included GSP
benefits for Brazil was due to be renewed in late 2009, Senator Lautenberg placed a hold on the bil , indicating he
would withdraw the hold upon Sean’s return to the United States.91 Sean was ultimately returned to his father in
December 2009.92

87 Numerous other countries have taken this approach. “Unlike the United States, which grants concurrent jurisdiction
to both federal and state courts, over 40 Contracting States have limited jurisdiction to specialized courts or designated
judges to hear child abduction cases.” Keelikolani Lee Ho, “The Need for Concentrated Jurisdiction in Handling
Parental Child Abduction Cases in the United States,” Santa Clara Journal of International Law, vol. 14, no. 2 (2016),
p. 608. Some scholars have argued instead for a U.N.-based court to hear cases of IPCA. See Megha Bhatt,
“International Child Abduction: Modifying the 1980 Hague Convention on the Civil Aspects of Child Abduction and
Proposals for a New United Nations Judicial Body,” U.C. Davis Journal of Juvenile Law & Policy, vol. 20, no. 2
(Summer 2016).
88 Jeremy Morley, “U.S. Hypocrisy Concerning International Child Abduction,” Family Law News - Newsletter of the
International Bar Association Legal Practice Division, vol. 3, no. 1 (September 2010), pp. 14-16 and Jeremy Morley,
Extraordinary Delays in U.S. Hague Abduction Convention Cases, May 26, 2017.
89 See comments by Rep. Chris Smith in Tom Lantos Human Rights Commission, The Goldman Act at Five Years,
hearings, 116th Congress, 1st sess., July 25, 2019 and Testimony of Assistant Secretary of State Carl Risch, in U.S.
Congress, Tom Lantos Human Rights Commission, The Goldman Act at Five Years, hearings, 116th Congress, 1st sess.,
July 25, 2019. See also https://www.facebook.com/SenatorMarcoRubio/posts/today-i-had-a-meeting-with-constituents-
michelle-littleton-and-rachelle-smith-wh/2469134363111913/
90 Suspend Brazil GSP Act of 2009, H.R. 2702.
91 For a fuller description of U.S. policymakers’ involvement in the Goldman case, see Peter Messitte, “Getting Tough
on International Child Abduction,” Family Court Review, vol. 58, no. 1 (January 2020), pp. 197-200.
92 P.L. 111-124. Then-Secretary of State Hillary Clinton also raised the return of Sean Goldman with Brazilian
counterparts. According to released State Department emails and media reporting, Sen. Lautenberg appeared ready to
remove the hold on the GSP bill before Sean’s release, but after receiving assurance from Clinton that the
administration would continue to advocate for Sean’s return. See Ryan Hutchins, “New Clinton Emails Show
Lautenberg Pressure in 2009 Custody Battle,” Politico, September 2, 2015.
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International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

Criminalization of Parental Abduction
Some observers question the benefits of criminalizing parental abductions, arguing that while
such actions may convey the gravity of the offense, they may not increase the likelihood of
resolving IPCA cases. Some say criminalizing parental abduction may discourage individuals
from pursuing voluntary resolutions, thereby frustrating U.S. government goals of resolving as
many cases as possible.
In various publications, the State Department Bureau of Consular Affairs and U.S. Department of
Justice have acknowledged that there are potential benefits and detriments to seeking criminal
charges. Benefits typically include an increased likelihood of locating the child and penalties for
the taking parent, including a limited ability to travel internationally. Risks include potentially
deterring the taking parent from seeking a voluntary resolution. A DOJ Family Resource Guide on
International Parental Kidnapping advises the left-behind parent to consider the taking parent’s
potential reaction to charges, a prosecutor’s focus on punishing the abductor rather than returning
the child, and the potentially psychologically taxing long court processes, in addition to other
factors, before making the decision to pursue criminal charges.93
Pros and Cons of Pressing Criminal Charges According to Travel.State.Gov
“Pros:

The process of filing criminal charges may help you locate your child.

A criminal charge wil potentially facilitate cooperation from foreign law enforcement authorities by
authorizing issuance of an INTERPOL red notice.94

If the taking parent is a U.S. citizen, criminal warrants can serve as justification to revoke his or her
passport, thus limiting subsequent international travel and potentially creating obstacles for his or
her ability to remain legally in a foreign country.

Public awareness of the successful prosecution of a taking parent may deter others from abducting
their children.
Cons:

An outstanding criminal charge may deter a voluntary or negotiated return if a taking parent
believes that he or she may be arrested when they return to the United States.

Criminal charges may adversely affect Hague return proceedings. Some judges may refuse to order
a child’s return if there is a warrant for the taking parent's arrest.

Criminal charges may encourage a taking parent to go deeper into hiding to avoid arrest. This is
especial y true when the taking parent has family or deep ties to the community.

The arrest, prosecution, and incarceration of the taking parent could be emotionally damaging for
the child.

The goals of the criminal justice system to arrest a taking parent may be in conflict with your
wishes, and once initiated, the prosecutor has control of any and all criminal proceedings. How
these proceedings develop wil be out of your hands.”
Source: U.S. Department of State, Bureau of Consular Affairs, Pressing Criminal Charges, at https://travel.state.gov/
content/travel/en/International-Parental-Child-Abduction/abductions/legain-info-for-parents/pressing-criminal-
charges.html.

93 U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Programs, A
Family Resource Guide on International Parental Kidnapping, January 2007, pp. 83-86.
94 The International Criminal Police Organization (INTERPOL) publishes different types of notices to member states.
A red notice is a request by the law enforcement of a member state to locate and “provisionally arrest a person pending
extradition, surrender, or similar legal action,” INTERPOL, Red Notices, at https://www.interpol.int/en/How-we-work/
Notices/Red-Notices.
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International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

While few criminal charges for parental abductions under the International Parental Kidnapping
Crime Act (IPKCA) have been brought, evidence suggests that such charges do not always result
in a restoration of custody.95 For example, in United States v. Amer,96 an Egyptian man did not
return his children to the United States, despite a special condition that would have reduced his
prison time in exchange for their return.97
In other cases, left-behind parents have declined to pursue IPKCA charges due to concerns that
such charges would make a resolution less likely. Speaking at a 2014 hearing before the SFRC,
Sean Goldman explained that he had chosen not to pursue criminal charges due to fears that a
foreign judge would be reticent to return a child to a country in which the taking parent could face
charges.98
Some Members of Congress and left-behind parents have asserted that IPKCA sends a message to
other countries and would-be abductors that the United States takes cases of IPCA seriously. In
the same 2014 SFRC hearing, left-behind father Patrick Braden called IPKCA a “deterrent to all
forms of child abductions and wrongful retentions;” he suggested that increasing prosecutions
under the law to “a few emblematic prosecutions each year would send a message everywhere
that we as Americans believe that protecting these children’s rights to equal justice under the law
is more important than either parents’ selfish considerations.”99 In a July 2018 letter to the
Attorney General, Senators Charles Grassley and Dianne Feinstein urged the Department of
Justice to increase use of IPKCA because it served as a “powerful inducement for the taker-parent
to return a wrongfully taken or retained American citizen child.”100
In considering whether to promote criminal charges as a response to parental abductions,
Congress may consider the potential risks that criminal charges may pose for specific cases. In
such considerations, additional information about countries’ views on U.S. criminal charges
related to Hague Convention return requests, the decision-making process of left-behind parents
when considering IPKCA charges, and whether the threat of criminal charges has in fact served as
a deterrent to taking parents may be useful.
Outlook
IPCA will likely continue to be a significant issue for American citizens and U.S. foreign policy,
leading Congress to consider options for addressing specific cases and to pursue the broader
foreign policy efforts to address this problem. As it considers policy options, Congress may
examine the potential and alleged impacts of sanctions, technical assistance, and high-level

95 “Between 2012 and 2017, prosecutors filed 56 criminal cases charging a violation of 18 U.S.C. § 1204 (International
Parental Kidnapping or IPK). While many cases result in convictions, some with prison sentences, the majority remain
pending, along with dozens more filed as early as 1995, because many of the parents charged in these cases remain
outside the jurisdiction of the United States.” Letter from Stephen E. Boyd, Assistant Attorney General at U.S.
Department of Justice, to Sen. Charles Grassley and Sen. Dianne Feinstein, October 16 2018. See also Department of
Justice, “International Parental Kidnapping,” Criminal Resource Manual 1957 (archived), available at
https://www.justice.gov/archives/jm/criminal-resource-manual-1957-international-parental-kidnapping.
96 United States v. Amer, 110 F.3d 873, 873 (2d Cir. 1997).
97 Ibid. and Department of Justice, “International Parental Kidnapping.” For more on the Amer case, see CRS Report
RS21261, International Parental Child Abductions, by Alison M. Smith.
98 U.S. Congress, Senate Committee on Foreign Relations, International Parental Child Abduction, hearings, 113th
Cong., 2nd sess., February 27, 2014, p. 46.
99 Ibid., p. 35.
100 Letter from Sen. Chuck Grassley and Sen. Dianne Feinstein to Jeff Sessions, Attorney General of the United States,
July 20, 2018.
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International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications

outreach on compliance and on countries’ willingness to accede to the Hague Convention. In
recent years, Congress has raised legislative options for strengthening the U.S. response to IPCA.
It may continue to engage this issue through public hearings, direct involvement in specific cases,
legislation, and oversight of the State Department Office of Children’s Issues.

Author Information

Katarina C. O'Regan

Analyst in Foreign Policy

Acknowledgments
Parts of this report draw from the work of CRS Legislative Attorney Alison Smith and CRS Analyst in
Foreign Affairs Michael A. Weber.

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