INTERNATIONAL CUSTODY BATTLES: THE NOT SO CURIOUS CASE OF DAVID GOLDMAN

Abstract

The Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention") was adopted in 1980 in response to concerns about a growing number of child abductions into other countries. The Hague Convention is an international standard for the abduction of children across countries and international custody disputes. It applies to the wrongful removal or retention of children to the eighty-two countries, including the United States, which have signed the Convention. The United States has signed additional treaties with sixty-eight of the eighty-two countries to uphold the Hague Convention. When a child is wrongfully removed to a different country, a parent can apply through his or her country of origin, as well as the country the child was taken to, to begin the process of returning the child back to their initial country of residence. This process is fraught with problems, as countries may choose not to comply with the Hague Convention or may demonstrate a pattern of noncompliance due to other factors like judicial inefficiency or an inability to enforce through the police force.    Unfortunately the case of David and Sean Goldman is not unique, but it has brought to light the international facet of child custody disputes and the need to look to other alternatives or revise the Hague Convention to prevent misuse of domestic procedures and international law to violate the rights of parents and children. Part I of this Note discusses the international framework of Hague Convention and the case of David and Sean Goldman. Next, Part II discusses the limitations of the Hague Convention and the problems that confront parents who are attempting to gain custody in international disputes. Part III explores changes or alternatives to the Hague Convention. These include pressures by governments, jurisdiction granted to international courts, or amending the Hague Convention to provide for better, more efficient, resolutions, while still protecting the rights of parents and children.