Reconsidering Dual Consent

52 Pages Posted: 16 Mar 2013 Last revised: 13 Sep 2014

See all articles by Lisa V. Martin

Lisa V. Martin

University of South Carolina School of Law

Date Written: March 15, 2013

Abstract

Before a child may travel internationally, many countries require proof that both of the child’s parents consent. These “dual consent” requirements are aimed at preventing international child abduction, and many countries have adopted them as part of the coordinated effort to implement the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In recent years, international air carriers have been urged to impose similar requirements for all children traveling on international flights. Although well-intentioned, dual consent requirements pose significant harms, especially to children of single parents and parents subjected to domestic violence. This article explores the unintended consequences of dual consent requirements and proposes alternative approaches that mitigate the harms of dual consent while also protecting against child abduction.

Keywords: Hague Convention, child abduction, custody, travel, passport control, domestic violence, poverty

Suggested Citation

Martin, Lisa V., Reconsidering Dual Consent (March 15, 2013). 82 UMKC L. Rev. 705 (2014). Available at SSRN: https://ssrn.com/abstract=2233995

Lisa V. Martin (Contact Author)

University of South Carolina School of Law ( email )

1525 Senate Street
Columbia, SC 29208
United States

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