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

Posted by Jeremy Morley | Oct 09, 2018 | 0 Comments

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The Convention has been in force between the United States and Peru since 2007. In 2017, Peru demonstrated a pattern of noncompliance. Specifically, Peru's judicial branch regularly failed to implement and comply with the provisions of the Convention. As a result of this failure, 36 percent (four cases involving five children) of requests for the return of abducted children under the Convention remained unresolved for more than 12 months. On average, these cases were unresolved for 23 months. Peru has been cited as non compliant since 2014.

Report of Actions Taken:

In October 2017, the Department sponsored an International Visitor Leadership Program (IVLP) that brought Peruvian officials to the United States to discuss the Convention with U.S. officials and judges, and to learn about how Convention cases are handled in the United States. IVLP participants included Peruvian judges and officials from the Peruvian Central Authority.

In August 2017, and again in June 2018, U.S. Embassy Lima delivered demarches notifying the Peruvian Ministry for Women and Vulnerable Populations about Convention abduction cases that have been pending with Peruvian courts for more than one year.

In June 2018, the Department delivered a demarche to the Peruvian Ministry of Foreign Affairs stating that the Department cited Peru in the 2018 Annual Report for demonstrating a pattern of noncompliance.

The Department has frequently raised concerns about the Peruvian judiciary's failure to meet its Convention obligations in both public and private fora. Additionally, to improve communication between the U.S. and Peruvian Central Authorities, the Department conducts bi-monthly conference calls with the Peruvian Central Authority.

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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