Friday, 12 September 2008

NY man should have had a good lawyer: Hague Convention did not apply

This story is apparently a case of when truth is stranger than fiction...

The New York Times reports...a gay Jewish couple marry in Massachusetts , have a child by a surrogate, and obtain an adoption order in New York so that both are recognised as parents.

Then they split up...

One of them allegedly decides to take off with the child and after reading the Hague convention, flees to Israel. While there, he apparently receives a phone call on his mobile from a cop in New York, tells the cop openly that he is in Israel with the boy, that he read the Hague convention and that there was nothing the cop could do.


The other dad then gets an order in New York. The Israeli court says that the Hague convention does not apply, and before you know it the boy is back in New York and the fleeing father has been charged over the whole affair.

The Hague Convention is formally called the Hague Convention on the Civil Aspects of International Child Abduction. It allows for the speedy return of children who have been wrongfully taken (or kept) from one convention country to another convention country. Both the USA and Israel are convention countries. Australia is also a convention country.


Anonymous said...

Read about this story a couple times.. Any idea why the Hague Convention didn't apply here? On its face it has every appearance of being a run of the mill hague case


Stephen Page said...

Carlos, I have no idea why the Israeli court held that the Hague convention did not apply. The real message from the case, I suppose is the one that those who take children or those who try to retrieve them will know: Hague applications can be very technical and are often fought down to the wire, and as such sometimes the results are not as predictable as they could be in other cases.