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16 Cardozo J. Conflict Resol. 237 (2014-2015)
Brazil's Legacy of International Parental Child Abduction: Mediation under the Hague Abduction Convention as a Solution

handle is hein.journals/cardcore16 and id is 253 raw text is: NOTES BRAZIL'S LEGACY OF INTERNATIONAL PARENTAL CHILD ABDUCTION: MEDIATION UNDER THE HAGUE ABDUCTION CONVENTION AS A SOLUTION Paula Shulman* I. INTRODUCTION International Parental Child Abduction (IPCA) is formally defined as the wrongful removal or retention of a child, effected by a parent, outside the country of the child's habitual residence and in violation of the other parent's 'rights of custody' under'the law of the country of habitual residence.' IPCA has been an ever- increasing global problem since the 1970s2 because of the increas- ing interaction between individuals from different countries, attrib- utable to the advent of new technologies and forms of communication, the relative ease of world travel, and globalization of business.3 The growing number of bi-national marriages and re- lationships-complicated by differences in culture, ethnicity, and religion4-results in a heightened risk of IPCA when these mar- * Editor-in-Chief, Cardozo Journal of Conflict Resolution; B.A. 2012, The George Washing- ton University; J.D. Candidate, 2015, The Benjamin N. Cardozo School of Law. The author would like to thank her parents, Adel and Jacob, her brother, Matthew, and her friends, espe- cially Richard (Eric) Brueckner, for their love, support, and encouragement. 1 Caitlin M. Bannon, The Hague Convention on the Civil Aspects of International Child Abduction: The Need for Mechanisms to Address Noncompliance, 31 B.C. THIRD WORLD L.J. 129, 132 (2011). 2 See Jennifer Zawid, Practical and Ethical Implications of Mediating International Child Abduction Cases: A New Frontier for Mediators, 40 U. MIAMI INTER-AM L. REV. 1, 4 (2008) (approximately 16,000 children have been abducted from the United States alone and taken to foreign countries since the 1970s). 3 See Elizabeth Cunha, The Potential Importance of Incorporating Online Dispute Resolu- tion into a Universal Mediation Model for International Child Abduction Cases, 24 CONN. J. INT'L L. 155, 156-57 (2008). See also Wibo van Rossum, The Clash of Legal Cultures Over the Best Interests of the Child Principle in Cases of International Parental Child Abduction, 6 UTRECHT L. REV. 33, 33-34 (2010). 4 Saniya O'Brien, The Trials and Tribulations of Implementing the Hague Convention on International Child Abduction: Improving Dispute Resolution and Enforcement of Parental Rights in the International Arena, 35 GEO. WASH. INT'L L. REV. 197, 218-19 (2003).