109 Iowa L. Rev. 377 (2023)
Abstract
The Hague Convention on the Civil Aspects of International Child Abduction aims to protect children from international abduction and establish uniform procedures to ensure prompt return to their habitual country. The Convention requires judges to weigh the divergent goals of protecting children and respecting state sovereignty when the taking-parent alleges grave risk to the child. This Note focuses on the difficulty American courts have when determining whether there is a sufficiently grave risk to a child, particularly when judges must consider cultural attributes of the habitual state. This Note advocates that American courts abandon application of ameliorative measures and consideration of protective abilities to better protect victims of abuse.