The Department of State continues to see significant problems in communicating with the Hungarian Central Authority (HCA) and with adjudication of Hague cases in Hungary.  The HCA has been slow to respond to requests from the Department for information, sometimes taking weeks or months to answer.  Further, the HCA does not have regular, structured judicial education for Hungarian judges; it states that it provides training services when requested.  Hungarian judges consistently attempt to make custodial determinations in Hague cases, which is inappropriate in the context of a Hague proceeding, since such issues are properly left to the courts of the country of habitual residence.

Two recent cases illustrate our concerns with case processing in Hungary.  In one case, the Supreme Court overturned a return order on the grounds that separation of the child from his half-sibling would constitute serious and irreparable psychological damage to the child.  In another case, an appeals court upheld a lower court ruling against the return of the children on the grounds that the children were too young to be separated from their mother and that the mother could not support herself in the U.S.  We do not believe that either of these decisions reflect the spirit of the Hague Convention, the intention of which is to narrowly limit the range of exceptions to return allowed under Article 13(b).  Although the first case was appealed to the Supreme Court, this final appeal was not allowed in the second case.  The HCA has acknowledged that the decision in the second case was not a good one.

Historically, the number of U.S. cases submitted to Hungary has been very small, and as of March 2005, there are no open U.S. cases in Hungary.  Nevertheless, recent case experience suggests that the Hague process may not be functioning properly in Hungary.  The U.S. Central Authority and the U.S. Embassy will continue to monitor the treatment of any future applications for return in Hungary.