During the 2010 state legislative season, there was at least one state in which it is known that Article V amendatory convention applications were approved by one chamber of that state's bicameral legislature.
12.
The Brazilian courts continue to show a troubling trend of treating Convention cases as custody decisions, and often deny Convention applications upon finding that the children have become " adapted to Brazilian culture . " It takes many months before a court receives a case to analyze and many more months before a court issues a decision.
13.
The balanced budget amendment applications by Ohio and Michigan were new, first-time convention applications, whereas the renewed applications from Alabama, Florida, Georgia, Louisiana, New Hampshire, North Dakota, Tennessee, South Dakota, and Utah simply reprised applications made by those states during the 1970s but which had been rescinded during the period between 1988 and 2010.
14.
Due to the focus on promoting return of children to their habitual residence, " the domestic violence victim's ability to defeat a Hague Convention application for the return of their child, if possible at all, often turns more on fortuity and the judge's sympathy than on any principled rule of law . " The Australian delegate to the Hague Convention commission stated that : There is concern that the Convention is now being used by abusive ( usually male ) parents to seek the return of children and primary carers back to the country of habitual residence and that the Convention is moving away from what it was meant to deter.
15.
The USCA observed the following three causal factors for judicial delays : ( 1 ) lack of implementing legislation or procedures for Convention applications and many Mexican judges following inapposite procedures found in state civil codes in resolving such cases; ( 2 ) lack of understanding of the Convention by many Mexican judges, as evidenced by extensive requests for information, including letters under Article 15 of the Convention from the USCA to confirm that a particular case involved an international child abduction as defined by the Convention; and ( 3 ) TPs absconding with the children when summoned to a hearing because they were notified of the hearing but neither they nor the children were secured in any way.
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