The U.S. Department of State issues a yearly “compliance” report, as mandated by Congress, that visits outstanding child abduction cases from the United States to other countries and explores some of the underlying reasons behind why certain cases remain unresolved. The report includes both countries where there is a treaty relationship with the United States under the 1980 Hague Child Abduction Convention and countries where there is no treaty relationship (and, perhaps, no laws in place to facilitate the return of a child to the USA).
For the 2023 report (looking at cases from 2022), the below countries were designated as demonstrating a pattern of noncompliance by the United States. Non-compliance relates to a country’s “persistent failure” to abide by legal obligations to return children or work with the U.S. government to resolve cases. Under ICAPRA, a “persistent failure” is where 30% or more of all abduction cases remain unresolved; the foreign country’s Central Authority fails to fulfill its obligations under the Hague Abduction Convention or any bilateral agreements; the judicial or administrative branch fails to implement and comply with the Hague Abduction Convention or bilateral agreements; or, law enforcement regularly fails to enforce return or access orders.
2023 Non-Compliant Countries:
-Argentina (judiciary failed to implement and comply with Convention)
-Belize (judiciary failed to implement and comply with Convention)
-Brazil (judiciary failed to implement and comply with Convention)
– Bulgaria* (Central Authority failed to fulfill its responsibilities)
-Ecuador (not taking appropriate steps to locate children, delays in the judiciary)
-Egypt (failed to work with USA to resolve cases)
-Honduras (Central Authority failed to fulfill its responsibilities)
-India (failed to work with USA to resolve cases)
-Jordan (lack of legal options to address child abduction cases)
-South Korea (failure to enforce return orders)
-Peru (Central Authority failed to fulfill its responsibilities)
-Romania (judiciary failed to implement and comply with Convention)
-Russia* (failed to work with USA to resolve cases)
-UAE (failed to work with USA to resolve cases)
*Notes a new country added to the list from 2022.
Austria, Costa Rica, and Trinidad & Tobago were removed from last year’s non-compliant list.
