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The 1980 Convention comes of age in the United States

In: Research Handbook on International Child Abduction

Author

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  • Stephen Cullen
  • Kelly Powers

Abstract

The Supreme Court of the United States and United States Courts of Appeal have published important Convention cases since the onset of the pandemic. The authors explain how the US now has settled law on the test for habitual residence. There is developing and helpful law on the concept of undertakings. The voice of the child under the mature child exception is still in development, and there is no consensus on how a child’s voice should be heard, or if the child should be heard at all. There is still no nationwide test for grave risk.

Suggested Citation

  • Stephen Cullen & Kelly Powers, 2023. "The 1980 Convention comes of age in the United States," Chapters, in: Marilyn Freeman & Nicola Taylor (ed.), Research Handbook on International Child Abduction, chapter 13, pages 191-199, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:20040_13
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    Law - Academic;

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