Questions on the Hague Convention and HR 3240

[isabella]

Hi,
I followed all of David's and Sean's story. I have a few questions on the hague convention and on hr 3240.
- If the US uses hr 3240 to sanction other countries, couldn't those countries also sanction the US back? For example the US gets oil and resources from other countries such as Brazil.
- If Bruna had stayed in NJ and fought for custody of Sean there, if she had won would she have been allowed to move back to Brazil?
- Hypothecally, if I woman is being abused and wants to go back to her hoem country, will she be able to take her kids under the hague?
Sorry I don't know too much about the hague convention
thanks

[KarlHindle]

Hi,
I followed all of David's and Sean's story. I have a few questions on the hague convention and on hr 3240.
- If the US uses hr 3240 to sanction other countries, couldn't those countries also sanction the US back? For example the US gets oil and resources from other countries such as Brazil.
yes
- If Bruna had stayed in NJ and fought for custody of Sean there, if she had won would she have been allowed to move back to Brazil?
possibly but unlikely - it would depend on the NJ judge & state law
- Hypothecally, if I woman is being abused and wants to go back to her hoem country, will she be able to take her kids under the hague?
Only in the most extreme circumstances may someone abduct a child overseas - courts and authorities in the home country must deal with the issues and the Hague recognises "equivalency" between treaty signatories with regards their child protection and legal systems - for instance a mother was subjected to a contract hit arranged by her ex-husband - this satisfied the "grave" harm test of Art.13b that the child was put at grave risk - the risk to a parent, mother or father is not considered and ignored under the Hague as the home country's domestic violence system must be used to protect the mother and child, though this is widely exploited/interpreted/abused/applied depending on the judge and the country after an abduction has occurred.  There are also the plethora of false allegations which attend abductions, usually after the fact, to justify the deed; the bottom line is that international child abduction is highly traumatic for a child and the mere fact of an abduction dramatically increases the risk factors for these children, it is a case of protect women claiming domestic violence or protect children from the actual abuse abduction involves

Sorry I don't know too much about the hague convention
thanks

[Audax]

- If Bruna had stayed in NJ and fought for custody of Sean there, if she had won would she have been allowed to move back to Brazil?
possibly but unlikely - it would depend on the NJ judge & state law

I'd like to add to this answer: Even if Bruna had won full custody in NJ and was allowed to move back to Brazil with Sean, it would have been a sign of cruelty and selfishness on her part, to remove Sean and exclude David from Sean's life.