The Practising Law Institute is hosting a live one-hour online briefing entitled The Hague Convention on International Child Abduction: An Introduction for Advocates and Attorneys Working With Survivors of Domestic Violence on March 15, 2024 from 1:00 PM-2:00 PM Eastern. 

Registration: $25.00

Full scholarships and discounts to attend PLI programs are widely available to attorneys working in nonprofit/legal services organizations; pro bono attorneys; government attorneys; judges and judicial law clerks; law professors and law students; senior attorneys (age 65 and over); law librarians and paralegals who work for nonprofit/legal services organizations; unemployed attorneys; and others with financial hardships.

All eligible attendees are urged to complete and submit a PLI Scholarship Application.
https://www.pli.edu/probono/pbscholarship

Survivors of domestic violence who cross international borders with their children to flee abuse can find themselves in complex legal situations that often culminate in survivors needing to defend themselves in cases filed under the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”).

This Briefing will provide an overview of the Hague Convention and its federal implementing legislation. It will describe the role of the State Department in these cases, the basic framework of Hague litigation in the U.S., and strategic issues to consider when representing survivors in a Hague case. The presenters will touch on trends in modern cases and will discuss Golan v. Saada, the most recent Hague Convention U.S. Supreme Court case, which addresses important issues related to the grave risk defense—the defense typically used by survivors of domestic violence.

This session is appropriate for advocates and attorneys across the country and will focus on federal statutory and case law.

Topics include:

• Hague Convention and ICARA overview (5 minutes)
  • Role of Central Authority
  • Traditional profile of abductor vs. modern profile
• Petitioner’s Burden (10 minutes)
  • Habitual resident
  • Wrongful removal / retention
  • Right of custody
• Respondent’s Defenses (15 minutes)
  • Article 12 (one year and settled)
  • Article 13(a) (consent/ acquiescence)
  • Article 13 (age of maturity)
  • Article 20 (human rights/ fundamental freedoms)
• Article 13(b) Grave Risk (10 minutes)
  • Examples
  • Domestic violence
  • Ameliorative measures
• Golan v. Saada (15 minutes)
• Conclusion (5 minutes)
  • Importance of representation for survivors
  • Resources

Who Should Attend:

Nonprofit lawyers, pro bono attorneys and allied professionals interested in advising or representing parties in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction.