	Background

The 1980 Hague Convention on the Civil Aspects of International Child Abduction governs how international parental child abduction disputes are adjudicated. German Initiatives to Improve Handling of Hague Convention Cases

Since July 1999, Germany has taken steps designed to improve its handling of parental child abduction cases under the 1980 Hague Convention. These changes may not affect cases already decided by German courts. Facilitating the Resolution of Difficult Cases and Monitoring Reforms

Germany established a special task force in October 2000 to lead German efforts to improve its handling of Hague Convention cases. We identified two cases where left- behind parents in the United States were seeking the enforcement of their German court-ordered visitation rights. Conclusions

Germany’s initiatives to enhance judicial expertise and accelerate case processing are steps that have potential to (1) positively affect German application of the provisions of the Hague Convention and (2) reduce the time taken to adjudicate cases. Germany has not acted, however, to improve its enforcement of visitation orders. Moreover, we believe that the failure to address the German courts’ reluctance to enforce visitation orders could undermine Germany’s efforts to improve its handling of Hague Convention cases. To identify what actions Germany has taken or plans it has under way to address U.S. concerns about Germany’s handling of parental child abduction cases, we reviewed State Department reports from May 1999 to January 2001 that documented systemic problems with Germany’s implementation of the Hague Convention and identified German actions taken or planned.
Why GAO Did This Study

During the last several years, the United States has criticized Germany's handling of international parental child abduction cases that have been filed by U.S. parents. Both the executive and legislative branches of the U.S. government have criticized Germany for not fully and consistently following the criteria and procedures established under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which governs such cases. The primary criticisms include the inappropriate use by German courts of certain provisions of the Hague Convention to justify retaining abducted children in Germany, the length of time it has taken to adjudicate cases, and the failure to enforce left-behind parents' visitation rights. GAO examined the actions that Germany has taken or plans to take to reform its handling of international parental child abduction cases and how these actions may affect U.S. cases.

What GAO Found

GAO found that German authorities have pledged their commitment to take steps to improve the handling of Hague Convention cases and Germany has taken action to address two of the three primary criticisms. Germany has established a task force to monitor German reforms and active cases, initiated efforts to build expertise among judges deciding Hague Convention cases, and changed its processes to accelerate case handling. Despite these reforms, Germany has not acted to improve enforcement of visitation rights granted by German courts. The German courts' reluctance to enforce visitation orders is hampering Germany's efforts to improve its handling of Hague Convention cases.