Protecting Child Welfare in Abduction and Asylum Proceeding

Ann Laquer Estin

Volume 41 - Issue 4, Summer 2016, Page 793

Abstract

Sanchez v. RGL illustrates the importance of understanding children as uniquely vulnerable actors in a global setting, with interests that include both protection for family ties and protection from family violence. Beyond the importance of listening to children and parents in these cases, advocates and decision makers should be careful to recognize those exceptional circumstances where the interests of children and their parents are not the same. Part II of this paper reviews the process that governs children’s claims for asylum, with a particular focus on cases in which children and their parents disagree. Part III considers the application of the Abduction Convention in cases such as Sanchez in which there are child welfare concerns or no effective response to the return petition. Part IV addresses the interaction of three bodies of law governing asylum or other immigration relief, international child abduction, and child welfare. The paper concludes with recommendations for authorities in the United States and other countries toward the goal of reading these principles together.

Cite as: Ann Laquer Estin, Protecting Child Welfare in Abduction and Asylum Proceeding, 41 N.C. J. Int'l L. 792 (2016).
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