‘‘Sylvester
v Austria now takes its place alongside Ignaccolo-Zenide v Rumania
in a line of human rights cases that will eventually lead to greater diligence
in the enforcement of Hague Convention return orders throughout Europe. For
now, the decision means that all Council of Europe nations signatory to the
Hague Convention will risk human rights violations should they fail to promptly
enforce a return order entered by their own courts under the Hague Convention,’’
McMillan said.
Both parties
in the Sylvester case have until late July to request a review of the
decision. McMillan says her client is considering the possibility of requesting
review of the matter of damages awarded in light of the 4/3 split on that issue.
Also, since the decision has no direct effect on the status quo of her client’s
ability to see his daughter, they will continue with efforts in Congress and
the State Department to improve the situation. McMillan added that the U.S.
Assistant Secretary of State Maura Harty is scheduling a trip to Vienna in the
near future to apply pressure on her Austrian counterparts to assist in a negotiated
settlement on access.
As one
of a dozen prominent American attorneys specializing in the field of international
child abductions, McMillan continues to meet and work with a growing network
of left-behind parents, mostly fathers, who struggle every day to gain access
to their abducted children in Europe, Asia, the Middle East, and the United
States. The National Center for Missing and Exploited Children estimates that
there are about 350,000 parental child abductions in the United States each
year. Of this number 70,000 are international.
McMillan
has been practicing family law in Michigan for more than 15 years. She is the
incoming chair of the State Bar of Michigan’s International Law Section, chairperson
of the International Family Law Committee, and a member of the Family Law Section.
Her articles on international parental child abduction have been published by
the Journal of the American Academy of Matrimonial Lawyers, the Michigan
Bar Journal, and the Michigan International Lawyer. She contributed
a chapter on Parental Kidnapping: Federal and International Law and Practice
to the West Group publication Michigan Practitioner Series: Family Law and
Practice. She has also lectured on various topics relating to domestic and
international family law for ICLE and others, including a presentation on the
enforcement of foreign orders to the Michigan Judicial Institute at its Annual
Judicial Conference in October 2000.
In 1998,
McMillan participated in one of two international forums hosted by the National
Center for Missing and Exploited Children to examine the practical problems
of the Hague Convention and explore the means by which its operations could
be improved. These forums led to the creation of a ‘‘Good Practice Report’’
published in 2002 designed for use by Central Authorities, legal professionals,
judges, legislators, and parents. She is currently working in conjunction with
the State Department on a symposium marking the fifteenth anniversary of ICARA,
the implementing legislation for the Hague Convention in the U.S., to be conducted
later this year.