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Quiz about International Child Abduction Law

International Child Abduction Law Quiz

The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty to provide a relatively simple and expeditious way to provide for the return of children removed by a parent from their country of "habitual residence".

A multiple-choice quiz by HurricaneBill. Estimated time: 7 mins.

Author
HurricaneBill

Time
7 mins

Type
Multiple Choice

Quiz #
315,802

Updated
Dec 03 21

# Qns
10

Difficulty
Difficult

Avg Score
5 / 10

Plays
235

Awards
Top 35% Quiz

One at a Time - Single Page - Timed Game

Question 1 of 10

1. On August 8, 2008, Seychelles entered the The Hague Convention on the Civil Aspects of International Child Abduction into force. It was the ____ country to have adopted or otherwise recognized the Convention. Hint

81st

47th

51st

43rd

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Question 2 of 10

2. The Hague Convention only applies to "children" under what age? Hint

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Question 3 of 10

3. The main reason for the Convention is to prevent a parent from taking a child out of a country and into another country in order to accomplish what? Hint

Escape an abusive parent.

Find a more sympathetic court.

Get out of a police state.

Take the child to visit his or her relatives of whom the other spouse disapproves.

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Question 4 of 10

4. How does the Convention define the "habitual residence" of the child? Hint

It doesn't.

The country in which the child is born.

The country in which the child has lived one day more than half its life.

The country in which the child has most of its relatives.

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Question 5 of 10

5. The Convention has been codified in the U.S. as 42 United States Code, 11601 et seq. As this is a federal statute, a petition under the Convention must be filed in federal court rather than state court.

True

False

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Question 6 of 10

6. In order to utilize the Convention the child who has been removed from his or her country of residence (his or her "habitual residence") must have been the subject of a judicial custody determination in that country.

True

False

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Question 7 of 10

7. In order to answer this question, it is necessary to know that in U.S. jurisprudence there are three different burdens of proof. They are: "beyond a reasonable doubt", which is the very heavy burden required to convict someone in a criminal case; "preponderance of the evidence", which just requires a slight tip of the scales in the prevailing party's favor; and "clear and convincing evidence", which is approximately in the middle of the other two.

With that in mind, what is the removing parent's burden of proof if he or she defends against a petition filed by the left-behind parent by alleging that the left-behind parent consented to the removal? Hint

Beyond a reasonable doubt.

Preponderance of the evidence.

Clear and convincing evidence.

A new burden established by the convention.

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Question 8 of 10

8. In order to answer this question, it is necessary to know that in U.S. jurisprudence there are three different burdens of proof. They are: "beyond a reasonable doubt", which is the very heavy burden required to convict someone in a criminal case; "preponderance of the evidence", which just requires a slight tip of the scales in the prevailing party's favor; and "clear and convincing evidence", which is approximately in the middle of the other two.

With that in mind, what burden of proof would have to be satisfied if the removing parent's burden of proof if he or she defends against a petition filed by the left-behind parent by alleging that by returning the child "there is grave risk that the child's return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation"? Hint

Preponderance of the evidence.

Clear and convincing evidence.

Beyond a reasonable doubt.

A new burden established by the convention.

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Question 9 of 10

9. Which of the following nations has not adopted the Convention? Hint

Russia.

Zimbabwe.

China.

Albania.

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Question 10 of 10

10. As the parent who has to travel to the U.S. and pay legal fees and costs and then has the expense of travel back to the residential country with the child, the U.S. court, pursuant to the terms of the Convention, may order the leaving parent to pay all expenses incurred by the other parent and should he or she not pay within a stated period of time, order the incarceration of that person.

True

False

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Quiz Answer Key and Fun Facts

Answer: 81st

A country may be defined as a "contracting state" if it was a signatory state or has ratified, entered into force or acceded to the Convention. The four original "signatory" states did so on October 25, 1980 and they are Canada, France, Greece and Switzerland.

2. The Hague Convention only applies to "children" under what age?

Answer: 16

The language of the Convention gives no reason why this particular age was chosen for the definition of a "child".

3. The main reason for the Convention is to prevent a parent from taking a child out of a country and into another country in order to accomplish what?

Answer: Find a more sympathetic court.

A typical case may be one in which a family court in Mexico grants custody of a child to a spouse and the other spouse takes the child to the U.S. in order to get a favorable custody order there.

4. How does the Convention define the "habitual residence" of the child?

Answer: It doesn't.

"Habitual residence" is not precisely defined by the Convention. It is generally considered by the surrounding facts to be the country of the child's normal and usual place of residence. As there is no precise definition, American lawyers have to look to case law for this. The definition may be found at page 1073 of Mozes v. Mozes, 239 F.3d 1067 (US 9th Cir. 2001).

Answer: False

In the U.S., cases based on federal statutes may be filed in the appropriate state court unless the federal court have exclusive original jurisdiction. In cases under the Convention, the federal courts do not have exclusive original jurisdiction.

Answer: False

It is sufficient that the removal interfere with the normal and usual custodial rights of the left-behind parent.

7. In order to answer this question, it is necessary to know that in U.S. jurisprudence there are three different burdens of proof. They are: "beyond a reasonable doubt", which is the very heavy burden required to convict someone in a criminal case; "preponderance of the evidence", which just requires a slight tip of the scales in the prevailing party's favor; and "clear and convincing evidence", which is approximately in the middle of the other two. With that in mind, what is the removing parent's burden of proof if he or she defends against a petition filed by the left-behind parent by alleging that the left-behind parent consented to the removal?

Answer: Preponderance of the evidence.

In addition to this defense, the removing parent must show by a preponderance of the evidence that the other parent never exercised his or her visitation rights, or that more than a year has passed since the child was removed, or that the child is old enough or mature enough to object to return and that it is appropriate to honor the objection.

8. In order to answer this question, it is necessary to know that in U.S. jurisprudence there are three different burdens of proof. They are: "beyond a reasonable doubt", which is the very heavy burden required to convict someone in a criminal case; "preponderance of the evidence", which just requires a slight tip of the scales in the prevailing party's favor; and "clear and convincing evidence", which is approximately in the middle of the other two. With that in mind, what burden of proof would have to be satisfied if the removing parent's burden of proof if he or she defends against a petition filed by the left-behind parent by alleging that by returning the child "there is grave risk that the child's return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation"?

Answer: Clear and convincing evidence.

In addition to above, clear and convincing evidence is required to show that return of the child would subject the child to a violation of his or her basic human rights and fundamental freedoms.

9. Which of the following nations has not adopted the Convention?

Answer: Russia.

I cannot explain why seemingly civilized Russia has failed to adopt the Convention while more unexpected countries have.

Answer: False

While the majority of the above is true it is not true that a U.S. court may order incarceration for failure to pay the expenses arising out a case under the Convention. Freedom from imprisonment for debt is one of the bases of the U.S. Constitution. The referring authority which initially contacted counsel in the U.S. will pay the court filing fee.

Source: Author HurricaneBill

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