CALIFORNIA FAMILY LAW
...Interstate Custody/UCCJEA
......Enforcement Issues
.........Hague Orders
7 Cards On This Topic:

Courts may enforce Hague orders as if they were a child custody determination.

DA may enforce Hague orders.

Parent must request return of abducted C w/in 1-yr. period of Article 12 even when the abducting parent conceals C's location from the other—1-yr. period not subject to equitable tolling.

Prosecuting parent under International Parental Kidnapping Crime Act after child is returned to U.S. pursuant to Hague Convention proceedings "does not detract from the Hague Convention."

When faced with “grave risk” exception, courts must fashion undertakings to ensure safety and quick return of child to habitual residence which do not require the cooperation of abducting parent.

Denial of W's petition to return C to Australia violated Hague Convention and ICARA where evidence did not establish grave risk of harm to C if returned to Australia and that was her country of habitual residence.

CA court did not have UCCJEA jurisdiction to modify French child custody decree where custodial parent moved with C to CA in violation of French order barring removal of C from France.