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China's Noncompliance - International Child Abduction - U.S. July 2018 Action Report

Posted by Jeremy Morley | Sep 28, 2018 | 0 Comments

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China does not adhere to any protocols with respect to international parental child abduction. In 2017, China demonstrated a pattern of noncompliance. Specifically, the competent authorities in China persistently failed to work with the Department to resolve abduction cases. As a result of this failure, 75 percent (three cases involving three children) of requests for the return of abducted children remained unresolved for more than 12 months. On average, these cases were unresolved for two years.

Report of Actions Taken:

In August 2017, senior officials from U.S. Embassy Beijing raised abduction issues with counterparts from China's Ministry of Foreign Affairs.

In October 2017, the Assistant Secretary for Consular Affairs met with China's Ministry of Foreign Affairs Director General as part of the 2017 U.S.-China Consular Dialogue, where he urged China to join the Convention.

In December 2017, an official from the Office of Children's Issues spoke with an official from China's Ministry of Justice at the Hague Seminar in Tokyo regarding the Convention. An official from U.S. Embassy Beijing met with the Ministry of Justice official again in March 2018 to discuss China's concerns about the Convention.

In April 2018, a U.S. Embassy Beijing senior official highlighted the importance of the Annual Report with his counterpart at the Ministry of Foreign Affairs. In May 2018, a U.S. Embassy Beijing senior official met with representatives from China's Ministry of Foreign Affairs ahead of the 2018 U.S.-China Consular Dialogue, where he conveyed that China had been cited in the 2018 Annual Report.

Upon release of the 2018 Annual Report, during the U.S.-China Consular Dialogue, the Assistant Secretary for Consular Affairs delivered a demarche to the Chinese government noting that the Department had cited China in the 2018 Annual Report as demonstrating a pattern of noncompliance and requesting that the Chinese government engage in dialogue with the Department on the Convention.

About the Author

Jeremy Morley

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice,...

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