Don't Stop the Clock: Why Equitable Tolling Should Not Be Read into the Hague Convention on International Child Abduction

Abstract

Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction allows an abducting parent to avoid the return of the child if the parent can show that more than a year has passed since the wrongful removal or retention of the child, and that the child is well settled in his or her new environment. In cases where concealment of the abducted child prevented a parent from filing a claim within one year of the abduction, the U.