U.S. Rep. Brian Fitzpatrick (R-PA) and a colleague are questioning the U.S. Department of Justice (DOJ) about how it is addressing the potential risks of children being returned to dangerous or abusive situations under the Hague Convention.
The Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA) was created to provide a framework for resolving international cross-border custody disputes and ensuring that abducted children are returned to a familiar residence.
However, Rep. Fitzpatrick and U.S. Rep. Lucy McBath (D-GA) “are deeply concerned” about cases in which children and custodial mothers are sent back to a dangerous or abusive situation, according to a June 5 letter they sent to U.S. Attorney General Merrick Garland.
“It is critically important to reform the judicial system in the United States as it relates to the Hague Convention, specifically cases pertaining to domestic violence victims and refugees,” wrote the members.
Rep. Fitzpatrick and his colleague requested expanding the implementation of the Hague Convention within the DOJ to include domestic violence as a “grave risk” when resolving international custody disputes.
They also recommended that the DOJ lead a national campaign to increase awareness and training on the dynamics of abuse and how to recognize red flags, and to implement appropriate protective measures, according to their letter.
Among several questions, they asked Merrick to detail how the department is prepared to ensure that there is collaboration between the judicial system, law enforcement agencies, and child protective services for purposes of gathering relevant information, ensuring the safety of the child and custodial parent, and facilitating appropriate interventions, as well as how DOJ could lead in this effort.
“Our goal in seeking DOJ’s answers to the questions is to ensure that the United States prioritize the safety and well-being of children and parental victims of domestic violence under the Hague Convention,” Reps. Fitzpatrick and McBath wrote.
“By recognizing that harm to the child can directly affect the well-being and safety of the protective parent, our judicial system can better assess the risks involved and take appropriate measures to protect both the child and the parent,” wrote the members.
White Ribbon USA endorsed the letter.