The Legal Framework for Mediating Parenting and Child Abduction Disputes in the United States and Mexico

World Arbitration and Mediation Review (2018), Vol. 12, No.1

U Iowa Legal Studies Research Paper No. 2019-02

25 Pages Posted: 8 Feb 2019 Last revised: 27 Mar 2019

See all articles by Ann Laquer Estin

Ann Laquer Estin

University of Iowa - College of Law

Date Written: 2018

Abstract

Mediation is an important tool for resolving parenting disputes with an international element, including disputes under the Hague Abduction Convention. Settlements in cases involving the United States and Mexico can be more difficult to achieve, however, because the two countries have no shared legal framework for recognition and enforcement of parenting agreements or orders. This article describes the current legal framework in each country, identifies particular concerns that arise in different types of cross-border parenting disputes, and argues that ratification of the 1996 Hague Child Protection Convention would help parties to achieve reliable settlements and protect the best interests of children.

Keywords: Mediation, Parenting Agreements, Child Abduction, Conflict of Laws, Private International Law

JEL Classification: K36, K41

Suggested Citation

Estin, Ann Laquer, The Legal Framework for Mediating Parenting and Child Abduction Disputes in the United States and Mexico (2018). World Arbitration and Mediation Review (2018), Vol. 12, No.1, U Iowa Legal Studies Research Paper No. 2019-02, Available at SSRN: https://ssrn.com/abstract=3330188

Ann Laquer Estin (Contact Author)

University of Iowa - College of Law ( email )

Boyd Law Building
Iowa City, IA 52242
United States
319-335-6850 (Phone)
319-335-9098 (Fax)

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