Wednesday, February 3, 2010

Just Because There is a Law

Everyone should read Lesson Learned From Case of Child Abducted to Brazil and Retained for Five Years: An International Convention is Only As Good as Its Enforcement Mechanism from Florida Divorce * Child Custody * Domestic Violence Law Lawyer for more than its obvious topic:

Yet, in a recent case there, the Indian Supreme Court ruled that an Indian Wife who had been permanently residing in the UK with her Husband and their child, must return to the UK with their child for custody proceedings there.

Ultimately, the adverse impact of Brazil’s conduct on future trade with the US may have propelled Brazil to finally send the boy home.

Now, a Congressman from that boy’s home state, New Jersey, has introduced legislation intended to promote enforcement of the Hague Convention by appointing an official to monitor compliance and to empower the government to impose sanctions for noncompliance.
Enforcement falls down for two reasons: 1) the parties think someone else will enforce their court order; or 2) the court itself does not do as it should. The Brazil case falls in the second category.

Without a person taking action a court order remains only paper.

When one of our courts go off into the weeds, the remedy is an appeal.

A statute is only as good as its enforcement mechanism.

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