Description: Salt Lake City, Utah family law lawyers represented the parties in an International Child Abduction Remedies Act action.
The International Child Abduction Remedies Act (ICARA) is a United States federal law that implements the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention is an international treaty that establishes procedures for the prompt return of children who have been wrongfully removed or retained from their country of habitual residence.
ICARA provides for the following:
Jurisdiction for courts in the United States to hear cases involving international child abductions
Procedures for obtaining the prompt return of children who have been wrongfully removed or retained
Protections for children who are returned to their country of habitual residence
Enforcement of ICARA orders
ICARA applies to children who are under the age of 16 at the time of the abduction. The law does not apply to children who have been abducted by a parent who has sole or joint custody of the child.
If you believe that your child has been wrongfully removed or retained from the United States, you should contact the National Center for Missing and Exploited Children (NCMEC) or the U.S. Department of State. These organizations can provide you with information about ICARA and help you file a petition for the return of your child.
Here are some of the key provisions of ICARA:
A child who has been wrongfully removed or retained is to be promptly returned to their country of habitual residence, unless one of the narrow exceptions set forth in the Convention applies.
The court must consider the best interests of the child when deciding whether to order the return of the child.
The court may refuse to order the return of the child if the respondent demonstrates, by "clear and convincing evidence" that "there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation." Additionally, a respondent must also demonstrate, by clear and convincing evidence, that the courts in the country of habitual residence are either unable or unwilling to adequately protect the child from the alleged risk of harm or intolerable situation.
The court may order the return of the child even if the child has expressed a desire not to return.
ICARA is an important tool for parents who have had their children wrongfully removed or retained from the United States. The law can help to ensure that children are returned to their country of habitual residence so that they can be reunited with their families.
Outcome: 07/10/2023 409 NOTICE VACATING PRETRIAL CONFERENCE set for 7/10/2023 at 10:30 AM before Judge Clark Waddoups. (jeg) (Entered: 07/10/2023)
07/10/2023 410 NOTICE VACATING FINAL PRETRIAL CONFERENCE previously set for 7/10/2023 at 10:30 a.m. and 5-DAY BENCH TRIAL previously set for 7/17 thru 7/21/2023 at 8:30 a.m. HEARING set for before Judge Clark Waddoups. (asb) (Entered: 07/10/2023)
07/10/2023 411 ORDER DISMISSING CASE - In light of the minor, A.L., having been returned to Peru, now subject to the jurisdiction of the Peruvian courts, the relief sought by petitioner has been realized. Accordingly,the issue is now moot and the case is dismissed. See Order for further details. Signed by Judge Clark Waddoups on 7/10/23. (jrj) (Entered: 07/10/2023)
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