Abstract
This Note considers whether and to what extent the risk of parental abduction following an international relocation is addressed by state and international custody law. Part 11 of this Note examines the current treatment of international relocation disputes by state courts and legislatures, as well as international agreements such as the Hague Convention on the Civil Aspects of International Child abduction, and examines the nature and limits of parental rights in international relocation disputes.
Part III of this Note argues that the requirements for relief under the Hague Convention limit its effectiveness as a remedy for parents left behind, and explains why judicial attempts to ensure that a U.S. custody decision will be followed overseas have generally been inadequate.
Ultimately, this Note takes the position that states should adopt specific factors to be considered in international relocation cases. These factors should include a presumption against permitting international relocation over one parent's objection unless it can be shown that the left behind parent's rights will be protected in the destination country. Of course, the presumption would not apply in cases where the left-behind parent's parental rights had been terminated, and could be rebutted by evidence that continuing contact with the parent is contrary to the child's best interests.