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