Janzik v. Schand, 2000 WL 1745203 (N.D.Ill.)

INCADAT legal file Hague parental abduction

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Rights of Access – Art. 21
The court adopted the approach taken in Bromley v. Bromley, which held that the Convention provided no remedy where there had been a breach of access rights unless there had also been a wrongful removal. Taking this approach the court found that there was no cause of action under the Convention since no wrongful removal had been alleged. In addition, it noted that while Article 21 permits a party seeking a right of access to present a petition to the Central Authority, it does not provide a remedy for enforcement of access rights in the courts of the requested state. It therefore dismissed the case for lack of subject matter jurisdiction. The court noted, however, that the Convention did not preclude the petitioner from requesting relief for breach of access under other applicable laws of the requested state.