USA – FLORIDA Law and Practice Contributed by: Raymond J. Rafool, II, Seth J. Rutman, Kaylin R. Cohen and Melissa L. Kanoff, Rafool, PLLC
3.4 Non-Hague Convention Countries As the United States is a signatory, this 3.4 Non-Hague Convention Countries section is not applicable. Practice tip: If the children are travelling to a non- Hague country, it is wise to have orders in place in the trial court that grant as many Hague-type rights as possible.
Congress confirmed in 22 U.S.C. § 9001 (a)(4) that wrongfully removed or retained children are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies. The Convention’s defences are to be narrowly construed to effectuate the Convention’s purposes, and even if proven, do not automatically preclude an order of return ( Baran v Beaty , 526 F.3d 1340 (11th Cir. 2008)). In the case where a party is seeking the return of a child from a non-Hague country, the first and most important step is to contact local law enforcement to report the child’s abduction. Where a country is not a party to the convention, the process becomes a bit more complicated as actions may need to be filed in both Florida and the non-Hague country. Non- Hague cases are likely far more expensive and time- consuming, as actions may need to be filed in both countries. Further, the provision in 22 U.S.C. § 9007 (b)(3) requiring the respondent to pay the petitioner’s costs, applies only to cases brought under the Hague Convention.
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