65 Madison Ave · Suite 420 · Morristown, NJ · 07960

¡Attention TAC People!

Press 'p' on your keyboard to make this palette go away.

Max width: 1200px
Color Hex R G B
Blue from Logo#003d65 0 61 101
Darker Blue#021020 2 16 32
Red from Logo#780500 120 5 0
Darker Red#400000 64 0 0
Gray from Modern Firm Site#f3f2ed 243 242 237
Bright, Light Blue#ccebff 204 235 255
Form Input Background Blue#accfe6 172 207 230
Slightly Darker Blue#002e4d 0 46 77
Slightly Darker Gray#e6e5e0 0 46 77
Darker Gray#cccbc7 0 46 77
Lighter Logo Blue#005c99 204 235 255
Login Link Blue#598fb3 89 143 179
Slighty Lighter Red#99150f 153 21 15
Slighty Darker Gray#b3b2ae 179 178 174
Hunter Green#013b23 1 59 35
Lighter Green #025935 ? ? ?
Beige Charcoal #1f1e1e ? ? ?
"Metallic Gold" #D4AF37 ? ? ?
"Darker Green" #012e1b ? ? ?

Hague Convention And International Relocation

The Hague Convention on the Civil Aspects of International Child Abduction was implemented as a federal statute in the United States in 1988 as the “International Child Abduction Remedies Act,” or ICARA.

Since the Hague Convention was enacted in the Netherlands in October 1980, approximately seventy (70) nations, including the United States, have become signatories to the Convention.

Under Article 3(a) of the Convention, a removal is wrongful when it is in “breach of rights of custody attributed to a person, an institution, or any other body under the law of the state in which the child was habitually resident immediately before the removal or retention.”

Many case law decisions have discussed the key phrase “habitually resident,” including federal courts of appeal.  In a federal Third Circuit Court of Appeals case, Feder v. Evans-Feder, 63 F. 3d 17 (Third Cir. 1995), the Court of Appeals defined habitual residence as the “place where the child has been physically present for an amount of time sufficient for acclimatization and which has a degree of settled purpose from the child’s perspective.”

The Hague Convention, specifically the idea of habitual residency, has sparked much controversy since its adoption in the U.S.  It will continue to be a lightning rod for criticism until the statute is more clearly defined, and its implementation becomes more efficient.

by Robert H. Siegel, Esq.

Begin Your Conversation

  • Disclaimer: Contacting our firm via the internet does not create an attorney-client relationship. Please do not send any confidential information through this form.

Contact Our Morris County Office

866-957-2982

973-828-0829

Morristown / Morris County Law Office

65 Madison Ave

Suite 420

Morristown, NJ 07960

Morris County Mediation Office Map