The Muddy Waters of Financial Restitution Against Parental Abductors

In federal court, a convicted offender may be ordered to reimburse victims for financial losses incurred due to the offender’s crime. This reimbursement is called “restitution”. Parental International Child Abduction is against the law, however, the provisions of such cases are not crystal clear. Read on to learn more. 

Parental kidnapping on an international level is on the rise, and it has become a serious concern for many. We often wonder whether the law considers it a crime, and the answer is definitely “yes”.

Individual perpetrators may be held responsible for reparations in international criminal procedures, yet experiences to date demonstrate this to be an unlikely avenue for the majority of victims.

Under U.S. law, a left-behind parent whose child has been abducted to the United States can seek reimbursement from the abducting parent for the expenses incurred in seeking the child’s return. 22 U.S.C. §9007(b)(3).

However, there is no clear provision entitling a left-behind parent whose child has been abducted out of the United States to seek reimbursement from the abducting parent for the expenses incurred in seeking the child’s return to his or her home country.

Here’s what you need to know about financial restitution against parental abductors.

Gray Areas of Financial Restitution

Restitution is the practice of holding offenders accountable for the financial losses suffered by victims of their crimes. Restitution may be ordered in both juvenile and criminal courts to compensate victims for out-of-pocket expenses that are the direct result of a crime. When it comes to International Child Abduction cases through The Hague Convention, the Ninth and Tenth Circuits appear to disagree on whether federal law allowing restitution to crime victims can be used to recoup a left-behind parent’s legal expenses.

Examples of Financial Restitution

The Victim and Witness Protection Act of 1982 permits a federal district court to order a criminal defendant to pay restitution to a victim in an amount up to “expenses related to participation in the investigation or prosecution of the offense.” 18 U.S.C. §3663(b)(4). But as you’ll read below, on appeal, the Tenth Circuit overturned the restitution award.

In 2002, U.S. v. Cummings, 281 F.3d 1046,  the defendant’s father was convicted of violating the International Parental Kidnapping Crime Act (IPKCA) by abducting his children from their home in Washington State to Germany. 

The mother who was left behind brought a return action against the father under the Hague Abduction Convention and an action in Washington State for contempt of court for violating a custody order. The father was sentenced to jail time, ordered to pay the mother’s legal fees and expenses, and required to participate in counseling.

The Ninth Circuit affirmed the restitution award, holding that the mother’s civil cases were not “wholly separate” from the government’s prosecution of the father. This was supported by the fact that, by initiating a case under the Hague Convention, the mother had followed the procedure specifically described in the International Parental Kidnapping Crime Act as the preferred “option of first choice” for a left-behind parent.

In 2020, U.S. v. Mobley, 971 F.3d 1187, did not follow the Cummings verdict. In Mobley, the government prosecuted a mother under the International Parental Kidnapping Crime Act (IPKCA) for her abduction of her children from their home in Kansas to Russia. Once she was in Russia, she filed for divorce and custody; the left-behind father then sued for divorce and custody in Kansas. 

The Russia court had given custody to the mother, and the Kansas Court gave custody to the father. The district court found the mother guilty under the IPKCA and ordered restitution to the father of legal fees and expenses that he incurred in connection with both civil cases.

However, on appeal, the Tenth Circuit held that the trial court erred in awarding restitution under 18 U.S.C. §3663 because the expenses incurred were not related to the investigation or prosecution of the mother’s criminal offense. It held that these terms are limited to proceedings related to the government’s investigation or prosecution and those proceedings related to attendance at court related to such matters. 

The evidence showed that while there was no evidence that the government sanctioned or directed the father’s civil proceedings, there was also no evidence that his suit assisted in any way in the criminal prosecution against the mother.

Based on the analysis of the current state of international law, it is clear that the state has positive duties to prevent violations and demonstrate due diligence. But there’s a long way to go.

How Masters Law Group Can Help

There is an increasing trend in favor of enabling individual victims of violations of international humanitarian law to seek reparation directly from the responsible State. However, the water is muddy to say the least. In future cases, the recent codification of international criminal law has significantly influenced the discourse on post-conflict justice, while legal research on post-conflict justice has been inspired by the rapid developments in international justice mechanisms. As a result, much focus has been on the accountability of perpetrators, in particular, in the application of universal jurisdiction.

The family law attorneys at Masters Law Group are highly experienced with international parental child abduction disputes. If you believe your child is at threat of being abducted by a parent, legal guardian, or someone acting on their behalf, contact us today for a consultation.

For more information on our recent Hague Decisions, see here:

What are the Defenses to the Hague Convention?

A parent who moves with a child from the child’s home country to another country may face accusations that the move is wrongful. The Hague Abduction Convention is an international agreement to safeguard intercountry adoptions and parental abductions. 

The Hague Convention is a treaty that the United States has joined, along with many other countries. Its purpose is to protect children from the harmful effects of international abduction by a parent.

When one parent applies to the State Court or Federal Court for return of a child who has been taken from a foreign country and brought to the United States, or is wrongfully retained in the United States beyond the agreed-upon time frame of a temporary absence, that parent may assert certain defenses to prevent the return.

The courts can deny the return of an abducted child under six conditions listed in the Convention, including if a child would be at risk of being subjected to physical or psychological harm, or otherwise placed in an intolerable situation.

Fun Fact: Masters Law Group is highly experienced with Hague Convention cases, with clients not only in the Greater Chicagoland area, but also across the United States in Washington, Hawaii and Wisconsin. 

Here’s what you need to know about the defenses to the Hague Convention.

What is the Hague Convention? 

The Hague Convention on Civil Aspects of International Child Abduction, codified as ICARA, allows a parent whose child has been wrongfully removed from or retained in the United States to petition for the child’s return to his or her country of habitual residence.

This treaty was developed by the Hague Conference on October 25, 1980, and went into effect on December 1, 1983. There were two specific goals in mind for Hague Services:

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

The removal of a child is “wrongful” whenever it breaches the rights of the person who has custody attributed to them at the time of removal. Even if a parent already has legal custody of a child, the Convention is needed. This is because U.S. court orders are not always recognized in other countries and sovereign nations can’t interfere with each other’s legal systems, judiciaries, or law enforcement. 

Under the Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act (ICARA), when a child has been wrongfully removed from his or her home country, the court must order the child to be returned to his or her home country, unless the party removing the child can establish at least one of six narrow affirmative defenses.

Six Defenses of the Hague Convention

Here are the following defenses to claim wrongful removal under the Hague Convention:

Defense 1: That the petitioner (parent seeking the return of the child) was not “actually exercising custody rights at the time of the removal or retention” under Article 13.

Defense 2: That the petitioner “had consented to or acquiesced in the removal or retention” under Article 13.

Defense 3: That more than one year passed from the time of the wrongful removal or retention until the date the petitioner commenced a judicial or administrative proceeding for the return of the child, under Article 12.

Defense 4: That the child is old enough and has a sufficient degree of maturity to knowingly object to being returned to the petitioner and that it is appropriate to heed that objection, under Article 13.

Defense 5: That “there is grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” under Article 13(b), and

Defense 6: That return of the child would subject the child to violation of basic human rights and fundamental freedoms, under Article 20.

It’s important to note, you should make International Custody Agreements & Parenting Time schedules before you relocate your child/children. U.S. Courts will need to determine the best interest of the child before you do so. 

If you believe your child has been wrongfully removed to a country overseas, or if you would like to move your child out of the U.S. you should contact your trusted family law attorney immediately.  Your attorney can explain the proper steps for handling this matter and guide you toward a just outcome.

How Masters Law Group Can Help

Parents face many obstacles when it comes to seeking judicial intervention in the US for the return of their children.  Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system.

Our Family Law Firm has extensive knowledge and experience with The Hague Convention which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence. Our clients span across the entire Unites States, from Washington to Wisconsin; so you can rest assured knowing the experienced Masters Law Group attorneys are fighting for you and your family.

Check out our Featured Hague Decisions:

If you are faced with the terrifying scenario of International Parental Child Abduction, contact your trusted Chicago attorneys at Masters Law Group here today to schedule a consultation.

Help Prevent International Parental Abduction with Supervised Visitation

If you are concerned your ex partner is at flight risk overseas with your child, supervised supervision could be beneficial. Here’s what you need to know…

Following a separation or divorce, particularly when relations are acrimonious, parental child abduction cases are an important factor to consider. Child abduction cases—particularly those involving international borders—are complex and extremely time-sensitive and require immediate action.

International child abduction often occurs for several reasons. It is a very frightening experience for parents and children alike, and it can have a profound effect on the lives of everyone involved.

Here is how supervised visitation and the help of the Hague Convention could help reduce international abduction.

What is Supervised Visitation?

When a parent’s fitness is in question, a judge may order supervised visitation. This is generally done when there have been allegations of alcohol or substance abuse or domestic violence. The purpose of supervised visitation is to ensure that the parent maintains contact with the child in a safe and comfortable environment.

Supervised visitation allows a parent to visit with their child only after the child has been taken away from the other parent. The visit may take place at the parent’s home or in a designated facility, such as a child care center. In most cases, the parent who has custody of the child will report to a designated visitation center for visits. In other cases, the judge may arrange for the child to be delivered to the parent’s home. In all cases, the judge will specify who is to supervise these sessions.

These orders are meant to protect the child and may include any of the following requirements:

  • A modification or elimination of the parent’s decision-making responsibilities and/or parenting time
  • Supervision by the Department of Children and Family Services (DCFS)
  • Having an intermediary present during the exchange between parent and child, or taking place in a protected setting
  • Restricting the presence of specified persons while a parent is exercising parenting time with the child
  • Ordering a parent to refrain from possessing or consuming alcohol or drugs during (or right before) parenting time with the child
  • Restricting the presence of certain persons when a parent is spending time with the child
  • Posting a bond to secure the return of the child following the parent’s visit
  • Completing a treatment program for abuse or for any other behavior that is detrimental to the child
  • Any other constraints or conditions that the court deems necessary to provide for the child’s safety or welfare.

The biggest takeaway parents should understand is that supervised visitation is a common tool used to protect children. Parents can still maintain contact with their children, but it also forces them to prove their ability to provide adequate care. Supervised visitation, when combined with the protections provided by the Hague Convention on International Child Abduction, makes it more difficult for parents to abduct internationally.

With the help from your attorney, require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary.

Hague Convention and What You Should Know

The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement that aims to prevent children from being abducted from their home country. It provides a process through which a parent can seek to have their child returned to their home country.

Several countries around the world have joined an international treaty called the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Conference on Private International Law drafted and concluded this multilateral treaty, which entered into force on December 1, 1983. In accordance with Article 3 of the Treaty, removal or retention of a child is considered wrongful “where it breaches rights of custody attributed to a person, judicial authority or other body at the time of removal or retention.”

Under the Convention, countries can help one another find solutions for difficult cases of international child abduction. This does not rely on a child’s immigration status or nationality; in certain situations, a child may be wrongfully detained in another country and therefore not a resident there. The Central Authority has the ability to do the following:

  • Be the point of contact for parents and children in international child custody cases.
  • Help locate abducted children.
  • Encourage solutions that work for both parents.
  • Submit documents as part of the application are admissible in courts in partner countries.

It is important to remember that immigration status or nationality does not determine whether a child will be returned to his or her habitual residence.

Final Thoughts

If you and your spouse are having a hard time with child custody, supervised visitation may be the best option for you. Ensuring a child’s safety should always be a number one priority for all parties involved. Especially when faced with international borders as part of a custody dispute, the court system can be very involved in resolving custody rights. 

The family law attorneys at Masters Law Group have experience with international child custody (Parenting Time) disputes. If you believe your child is in the process of being abducted by a parent, legal guardian, or someone acting on their behalf, contact us today for a consultation.

For more information on our Hague Decisions, see here:

International Child Abduction Facts

Parental child abduction cases are, unfortunately, a factor to consider following a separation or divorce, particularly when relations between the parents are acrimonious. Child abduction cases, particularly across international borders, are complex and extremely time-sensitive. Here are  some facts you should know if you’re facing such a case.

“Desiring to protect children internationally from the harmful effects of their wrongful removal or retention…as well as to secure protection for rights of access.”

–Hague Abduction Convention, Preamble

International child abduction happens for a number of reasons. Child abduction can be a very frightening experience to the parents involved and of course to the children. International parental child abduction is an act of illegally taking a child from their home usually by one of the parents across international borders; but it can also be done by an acquaintance or another member of the family.

International child abduction is actually on the rise and many investigation offices have open cases in all 80 countries the Hague Convention applies to. Here’s what you need to know about this growing problem. 

WHY THE HAGUE CONVENTION IS IMPORTANT

Firstly, what is The Hague Convention? The Hague Convention on the Civil Aspects of International Child Abduction is the main international agreement that covers international parental child abduction. It provides a process through which a parent can seek to have their child returned to their home country.

A number of countries around the globe have joined a treaty called the Hague Convention. This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches custody rights attributed to a person or any other body. If, at the time of removal or retention, those rights were exercised. Even if a parent already has legal custody of a child, the Convention is needed. U.S. court orders may not be recognized in other countries, and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

CONVENTION FRAMEWORK

The Convention’s framework allows countries to help one another find solutions for difficult custody cases where a child is abducted. This doesn’t rely on the immigration status or nationality of the child. In certain situations, a child may be wrongfully detained in another country, where they are not a resident. Violations of custodial rights happen when the child is wrongfully removed from their habitual home and now lives in a foreign country.

The Central Authority must do the following:

  • Be the point of contact for parents and children in international child custody cases.
  • Help locate abducted children.
  • Encourage solutions that work for both parents.
  • Submit documents as part of the application are admissible in courts in partner countries.

Presenting a custody order is not needed to prove that a parents custodial rights were violated when the child was taken from their country; this can be proven by showing proof of parenthood or marriage. When a child is returned to his/her habitual residence, it does not depend on the immigration status/or nationality of a child or his or her parents.

Family Abductions are More Common than you Think

When parents report that their children have been abducted or retained outside of the United States, country officers inform them of potential options and provide resources to help them seek the return of, or access to, their children. 

Some years, family abductions make up as much as 90% of abductions that occur, especially by parents. This usually happens in homes where the parents are separated, divorced, or estranged and is more common in lower-income households and during custody disputes. 

If your child wasn’t taken by a family member, the odds are that it was done by someone you know. 

A Fraction of 1% of Child Abductions is Total Strangers

About 100 children a year are abducted by total strangers as you hear on the news, so it’s exceedingly rare for a child to disappear this way. While this is the rarest, it is also the least likely that your child will come home if they are taken by a total stranger. Out of the approximately 100 kids a year that are taken this way, only 50 come back.

In 2020, country officers responded to 157 initial inquiries in which parents sought information and resources regarding parental abductions, but did not proceed with providing complete documentation. Country officers handled 664 total outgoing abduction cases, including 246 cases opened in 2020. Of those cases,129 were resolved with the return of 185 abducted children to the United States.

Final Thoughts

Nothing can make a parent feel more helpless than having a child taken away to, or held in, a foreign jurisdiction. If you believe your child is in the process of being abducted by a parent, legal guardian, or someone acting on their behalf, contact the experienced family law attorneys at Masters Law Group.

Our Senior Attorneys, Erin Masters and Anthony Joseph, have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system.

Our Featured Hague Decisions:

Contact us today to schedule a consultation.

Pet Custody and Divorce in Illinois.

As a family law firm of animal lovers, we understand the emotional connection we have to our pets. If you’re facing a divorce, who gets your beloved pet? Is there such a thing as “pet custody”? The experienced attorneys at Masters Law Group are here to help answer all your questions.

Man, woman, straight, gay, young, old, children, no children; Divorce is a stressful situation for everyone. While the topic of child custody is understandably at the forefront of many divorces, pet custody is a topic less understood.

Divorce lawyers in Illinois oftentimes deal with issues surrounding a family’s pet; including dogs, cats and other furry (and feathery) family members.

The Illinois Marriage and Dissolution of Marriage Act provides for custody-like provisions regarding the family pet(s), upon a divorce. Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Here’s a look at who gets the pets in a divorce, and how Masters Law Group can be of service through this difficult time in your life.

Disposition of Property and Debts

Section 5/503(n) of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) regarding “disposition of property and debts” state:

If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act.

It’s important to note that the court will first consider whether the companion animal is a marital asset or not. 

When is a Pet a Marital Asset in Illinois?

A marital asset is considered property if it is acquired after the marriage, unless, the property was acquired by gift, legacy of descent, the property was acquired in exchange for property acquired before the marriage, or the property is excluded by valid agreement of the parties, including a premarital or postnuptial agreement.

If the court happens to find the companion animal not a marital asset, then the person will be awarded his/her non-marital property. If the court finds that the companion animal is a marital asset, the court shall then allocate the sole or joint ownership of and responsibility for the animal.  When making provisions for a companion animal, the court shall take into consideration the well-being of the companion animal.

Providing for the Pets Well-Being

There has not been a case decided by the Appellate Court since the companion animal section was added to the IMDMA – which went into effect in 2018. If the pet is considered a marital asset, the court will then consider the well-being of the pet when deciding how to allocate ownership. 

If one spouse has been responsible for feeding, exercising, grooming, and caring for the pet’s health needs, the court will be much more likely to award ownership to that spouse. If you wish to maintain ownership of your pet after the divorce, start collecting evidence that proves your involvement in the pet’s life, such as:

  • Photos
  • Videos
  • Receipts
  • Veterinary bills

Another factor courts may take into consideration when making decisions about pets is the allocation of parental responsibility and parenting time. Children often grow very close to family pets. A parent may argue that he or she should keep the pet because he or she is the parent with the majority of the parenting time. 

If your divorce case does not go to court, you may be able to resolve disagreements about pets through mediation or the collaborative law process. Some divorcing couples choose to share ownership of the pet similar to the way parents share custody of their children. However, this might not work for everyone, so it’s important to find a solution that works for your situation.

Final Thoughts

While there are many questions and valid concerns that come with divorce and pet custody, the divorce process itself does not have to be difficult, and you don’t have to go it alone.

If you are planning to get divorced and you have concerns related to property division or other family law issues, contact the experienced attorneys at Masters Law Group. 

For more information on the divorce process in Illinois, contact us here today.

International Parental Abduction

International parental child abduction is an act of illegally taking a child from their home. Usually by one of the parents, but it can also be done by an acquaintance or another member of the family, and taking him to another county. Here’s what you need to know about this growing problem. 

When parents report that their children have been abducted or retained outside of the United States, country officers inform them of potential options and provide resources to help them seek the return of, or access to, their children. International Parental Abduction is more common than you think.

In 2020, country officers responded to 157 initial inquiries in which parents sought information and resources regarding abductions, but did not proceed with providing complete documentation. Country officers handled 664 total outgoing abduction cases, including 246 cases opened in 2020. Of those cases,129 were resolved with the return of 185 abducted children to the United States.

Here’s a look at the Hague Abduction Convention, and what you should know about International Parental Abduction.

Is Your Child at Risk for An International Abduction?

There’s certain traits and characteristics of offending parents that make it easier to spot if they are capable of abduction your child. It is important to remember that these signs do not necessarily mean that your child’s other parent is going to abduct your child; these are signs that you need to make sure you are being more aware of. Here are some examples below:

  • Parents who threaten to abduct their children and/or have abducted their children before.
  • Parents who believe their children are being abused and have a support group that also believes this.
  • Parents with paranoia or sociopathic tendencies.
  • Parents with strong ties and family support in another country.
  • Parents frustrated with the legal system in the United States who have supportive family and friends.

It’s not unusual for a parent who abducts their child to believe that they know what is best for the child. Young children are the easiest to abduct because they don’t know to go for help or do anything to bring attention to their parents taking them.  Some other warning signs and factors that are important to be aware of are:

  • A parent with no source of income/job.
  • A parent who is financially independent.
  • A parent with no real ties to the community they live in.
  • A parent who abruptly quits their job, sells their home, applies for passports.
  • A parent who starts collecting the child’s medical and school records.
  • A parent who has domestic violence and/or child abuse history.

Protecting Your Child From International Parental Abduction

When developing a child custody order, it is important that the order be very specific in regard to the rights of each parent. You should avoid vague phrases like “reasonable visitation” because the word reasonable can be interpreted differently.. Joint custody should also be avoided if there has been any history of abduction or the risk of abduction is high.  

Your court order should include why the court has jurisdiction in the matter of your child and state that both parents were given the opportunity to present their case to the court regarding custody. In order for your court order to be able to be enforced nationwide, the court’s exercise of their jurisdiction has to comply with the federal Parental Kidnapping Prevention Act (PKPA).

Your court order can specify that your child is not allowed to leave the state you reside in without written consent from the other parent.  

The court order can also ban a parent from applying for a passport for your child.  If your child already has a passport, the court can require that the passport be surrendered. If you have information that your child would most likely be taken to a specific country, you can notify that embassy or consulate and provide them with the court order to request any visa requests for your child be denied.

If the risk to your child being abducted by their other parent is high, the court is typically more likely to put protections in the court order to prevent abduction. The court looks at the following factors: risk of abduction is high, recovering the child would be very difficult, and the abduction would be harmful to the child.

Some additional steps to lower the risk of parental abduction or increase your odds recovering your child if they are abducted would be:

  • Have up-to-date pictures of your child.
  • Have a written detailed description of your child including: height, weight, hair color, eye color, birthmarks, and noticeable physical characteristics.
  • Copies of your child’s Social Security card and passport.
  • Fingerprints of your child.
  • Have your child/children learn how to use a telephone and how to call the police.
  • Keep schools, daycares, and other child care providers informed of current custody orders.
  • Register your child with the Children’s Passport Issuance Alert Program (CPIAP).

International Child Abduction Remedies Act (ICARA)


The International Child Abduction Remedies Act (ICARA), is a multi-lateral treaty developed by the Hague Convention on Private International Law.

ICARA is United States federal law that implements the HAC between American states and American states internationally with other countries.  It went into effect in 1988.

When a child is alleged removed from his/her habitual residence, or a parent is not allowed his/her visitation with a child under a previous legal agreement, that child’s parent can now bring an action in local court under ICARA.  After a showing of the other parent’s wrongdoing, the alleged wrongdoer must show to the court one of the following:

  • that the person requesting the return of the child was not actually exercising custody’ at the time of the removal or retention;
  • that the person requesting the return of the child had consented to or acquiesced in the removal or retention;
  • that more than one year has passed from the time of wrongful removal or retention until the date of the commencement of judicial or administrative proceedings;
  • that the child is old enough and has a sufficient degree of maturity to knowingly object to the person requesting the return of the child, and that it is appropriate to heed that objection;
  • that there is grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation; or
  • that return of the child would subject the child to violation of basic human rights and fundamental freedoms.

Attempting to have one’s child returned to his/her care or to be able to exercise one’s visitation rights either by state to state or from state to an international country is very complicated.  It is highly recommended that a professional family law attorney be retained to navigate the legalities involved.

Child Custody and Visitation Matters


With the exception of international parental abduction, child custody and visitation matters are handled by local and state authorities, and not by the federal government. The matters are governed by the relevant state family court system and human services agency. Therefore, child custody or visitation issues should be reported to state or local law enforcement authorities or a state judicial officer.

In addition to contacting the Department of State, Office of Children’s Issues, law enforcement or left-behind parents should also contact the National Center for Missing and Exploited Children (“NCMEC”): www.missingkids.org. NCMEC works closely with the State Department and the U.S. Department of Justice’s Office for Victims of Crime and administers its Victim Reunification Travel Program. Eligible parents can request financial assistance so they can be reunited with a child located in another country or obtain travel support for the child’s return to the United States.

Finally, seeking a family law firm who are highly experienced in cases involving international child custody disputes (in both courts located in the State of Illinois and the United States federal court system) could be an invaluable resource in this incredibly stressful time.

Additional Resources on International Parental Abduction

Final Thoughts

Many countries throughout the world, including the United States, belong to the Hague Convention, and will negotiate treaties to help streamline international justice. When family law disputes cross international boundaries, it is essential to have the help from a knowledgeable family law attorney who understands all of the legalities that go along with international child custody cases.

Our attorneys, Erin Masters and Anthony Joseph, have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”). 

See Our Featured Hague Decisions Here:

Contact us here today to learn more.

How is Cryptocurrency Split in Illinois?

With Cryptocurrencies exploding since 2009, they’re now beginning to show up in divorce courts across the U.S. Painstakingly difficult to trace and value, it’s best to find a divorce attorney well-versed in cryptocurrencies and who understands how to find, value and split cryptos in your divorce case. 

In our current Cryptocurrencies and Divorce series, we discussed situations where cryptocurrency can be found during a divorce settlement as well as the various types of cryptocurrencies and where they can lie if they are being hidden.

If you and your spouse are in the process of a divorce or considering divorce, you may want to tune in. It’s important to have an attorney who understands how volatile crypto is and how to equally divide assets. In order to protect your financial future, it’s absolutely essential to understand how the state of Illinois splits and divides crypto during a divorce settlement.

Here’s a look at how the state of Illinois splits cryptocurrency assets amid divorce.

Cryptocurrencies and Wallets

Crypto first appeared on the scene in 2009, and slowly rose to fame with the public over the course of several years. Since then, divorce courts have seen a large amount of settlement cases dealing with the division of cryptocurrency assets. While there are many different types of crypto on the market, it’s important to recognize some of the most frequently used cryptocurrencies. Some of the most popular include:

You can purchase crypto on exchange networks like Biance, Coinbase or Kraken – some of the most frequently used networks that invest in digital currencies. With low fees, scope for growth, and seamless transactions, it makes it all the more appealing to want to take part in the growing crypto market evolution. 

Splitting Crypto in Illinois

There’s a couple different situations where a judge will look at determining the division of assets in a divorce settlement. For example, how do you assess the value of the crypto you have? It’s important to note that crypto is volatile and prices always fluctuate drastically, sometimes within minutes throughout the course of one day. The price swings can significantly affect the settlement of marital property.

Typically, if both parties agree to the settlement they might have to include a formula for the volatility of the crypto. Once the judge approves of the formula, the price of that cryptocurrency in the martial estate becomes more foreseeable.

Dividing crypto in Illinois is similar to the division of any other assets. Illinois is not a community property state, which means the court will split assets purchased, converted or appraised throughout the marriage in an equitable manner. It’s important to note that when it’s split equitably, it doesn’t always mean equal. Here are a couple factors that determine equitable distribution:

  • Age, health, financial circumstance of a spouse
  • Financial contributions to marital estate
  • Court-ordered obligations related to previous marriages
  • Child custody considerations
  • Prenuptial and postnuptial agreements
  • Tax Concerns
  • Marriage Duration
  • Alimony provisions

If you are ever unsure about the ownership of your property, you should consult legal counsel immediately in order to avoid any uncertainness.

How Masters Law Group Can Help

At Masters Law group we have all cryptocurrency topics covered. If you’re having doubts and suspect that your spouse is hiding crypto and don’t know what signs to look out for, you can find that information here. If you have questions about the different types of crypto and are trying to get acquainted with the market, you can find that information here.

Masters Law Group is here to help you through this stressful time. It’s important to consult your attorney as soon as you find any hidden cryptocurrency and discuss everything you know about the assets such as the type of crypto, the date of purchase and its appreciation. Gather any documents and records you may need in order to get your affairs in order. 

Our team of attorneys are highly experienced in dealing with Cryptocurrencies in divorce and are here to answer your questions about divorce and digital asset division.

Contact us today for more information, or to schedule a consultation.

 

Top 6 Signs Your Spouse is Hiding Crypto

Is my spouse hiding Crypto? We know hiding assets is a penalty-inducing divorce tactic used by many. But in 2022, soon-to-be divorcees are hiding money from family members and authorities using cryptocurrency.

Cryptocurrency nowadays can add new complications to a divorce. Just like any other marital asset, if cryptocurrency, or other digital currency was purchased, or increased in value, during the marriage, it is a marital asset that is subject to distribution in both equitable distribution and community property states.

In the fourth part of our Crypto Currencies and Divorce series, we discussed the situations in which we discussed the situations in which cryptocurrency can be found during the divorce settlement process and also if it can be lost within the settlement. While tracking down the funds isn’t an easy process, this article will give you signs to watch out for.

Here’s what you need to know if your spouse is hiding crypto.Hiding Crypto

1. Bank and Credit Statements

First things first, if you believe that your spouse is hiding cryptocurrency and has used marital money to purchase it, you should take an active role in looking for proof of your suspicions.

Cryptocurrency is usually purchased with liquid cash, so at some point money moves from a bank account into a cryptocurrency exchange. Certain websites function as the entry point for most people interested in obtaining or trading Bitcoin and other digital currencies. Look for popular echange names such as: Coinbase, Binance, Etoro, Coin Switch, Luno and PaxForex. All it can take is one initial transaction in “normal dollars and cents” to enter this new world of Bitcoin, where untold more digital currency can be obtained. 

If you see any crypto activity, however insignificant, it’s worthy to investigate further — especially if your spouse omitted it from the initial deivorce documentation.

2. Crypto Wallets and Private Keys

Crypto keys make for excellent evidence. Each crypto wallet comes with a key that can then be traced to show all transactions associated with the wallet. A sure sign of Crypto activity in the household is the discovery of a crypto key. But not many know what to look for, since the key doesn’t represent a traditional metal object. So what do these keys look like?

A private key is a secret, alphanumeric password/number used to spend/send your bitcoins to another Bitcoin address. It is a 256-bit long number that is picked randomly as soon as you make a wallet.

The degree of randomness and uniqueness is well defined by cryptographic functions for security purposes.

This is how the Bitcoin private key looks:

2zJ4kLf5zgWrnogidDA76MzPL6TsZZY36hpXXssSzNydYXYB9fe

Many of these password keys are stored on a keydrive. If you happen to find this key, take note of it for evidence. Many hide these keydrives in a private and secure place, such as a safe, while others can simply save these password key codes hidden on their laptops.

3. Presence Crypto Exchanges in Apps

See if there are any crypto-related apps installed on shared electronic devices. Look for Bitcoin wallets like Coinbase, Mycelium, Ledger, SoFi, and Trezor, or apps for buying and selling crypto, like CEX.IO or BlockFi.

Any of the common exchanges listed above offer apps for mobile crypto banking. If you share one phone account, you may be able to access the history of all apps downloaded to any phone on your plan. If you are not able to obtain this information on your own, your attorney can add to this to items to be produced during discovery.

4. Loan Applications & Tax Returns

Another area to explore are loan applications and tax returns. If a person is trying to hide assets from you, and they are not disclosing Bitcoin or other cryptocurrencies on their net worth statement, they might record it on a loan application. 

It’s also important to check if your spouse has reported crypto on tax returns. Reporting of digital currency is required by the IRS, even though there are those who fail to do so. In 2014, the IRS declared that virtual currencies are property.

5. Large Online Purchases

For spouses who are hiding currency, they don’t buy the initial crypto to put in their wallet, which in turn, avoids any direct charges made to a bank or credit account. Instead, they connect with a crypto user in one of the many user forums who is willing to accept goods that will be paid in said cryptocurrency. 

The agreement might entail buying items of the crypto owner’s choice on Amazon, and in return, this crypto will be deposited in the owner’s empty wallet, giving them their entrance into this world. It’s important to remember that crypto wallets function completely outside the normal banking system, so no one will be the wiser should this transaction take place — unless you get smart about your spouse’s buying habits. 

Scan Amazon and other online sellers. If you don’t have access to your spouse’s Amazon account, this can be something that your attorney requests to see during divorce discovery.

6. Secretive Behavior with Finances

If you still receive paper statements this is a great way to track down their use of bitcoin and other cryptocurrencies. If the paper trail used to show up in the mail and then suddenly stopped – that’s a red flag and should raise some suspicion. 

It’s important to have passwords to all of your shared online bank and credit accounts, but if they’ve been changed, that’s again, another red flag. Call your bank and credit card company to request copies be sent directly to you for all joint accounts. Let your attorney know as soon as possible so that steps can be taken to make your spouse produce documentation of all joint accounts.

Final Thoughts

If you know or suspect that cryptocurrency will be a part of your divorce, talk to your family law attorney immediately and put together a game plan for dealing with it. 

At Masters Law Group, our team of attorneys are highly experienced in dealing with Cryptocurrencies in divorce and are here to answer your questions about divorce and digital asset division.

Contact us here today for more information, or to schedule a consultation 

Divorce Advice Every Woman Needs on National Women’s History Month

As a woman unhappy in your marriage, divorce may have crossed your mind from time-to-time. But you could be left wondering whether it’s the right choice for you, your children, and even your spouse. That’s why you need specific divorce advice to make the most informed decision possible. 

Women’s History Month is a celebration of women’s contributions to history, culture and society. This holiday has been observed annually in the month of March in the United States since 1987.

Divorce is one of the biggest and the toughest decisions that a woman can make and if often twice as problematic. There are factors you have to think of beforehand, and then there are others that you can not avoid later down the line. As Women’s History Month comes to a close, here are a couple tips you can follow to protect yourself during a divorce.

First Step: Get Mentally Prepared

When you tell your spouse you want a divorce, and especially when you actually file for divorce, you’re crossing a line that you can’t usually go back over. To decide if you are ready for this life changing step, be sure to ask yourself these questions:

  1. Am I really ready for divorce?
  2. Should I speak with a therapist?
  3. Do my kids need a therapist?
  4. Do I have all relevant information and financial documents gathered?
  5. What are my set goals?
  6. Do I have a support network?
  7. How do I put my children first?
  8. What should my negotiations be?
  9. How do I foster a good relationship between my kids and their other parent?
  10. Am I prepared for other relationships to change?
  11. Am I being kind to myself?

Once you have answered these questions and mentally prepared yourself, it’s time to go through the following pieces of advice with your family law attorney.

Anticipate Unexpected Costs

In life and divorce, always be ready for unpleasant surprises. You may be well-prepared for all the monetary issues that you think you might face, but even then, there are chances of unexpected expenses popping up at just the wrong time.

For example, if you find yourself in a situation where your spouse is able to boot you from their health insurance, it will leave you with an additional cost of as much as $1,000 per month. A majority of spouses avoid their financial responsibilities, so the divorce advice for women is to be careful in this matter and make your choices with eyes wide open.

From hiring the wrong divorce attorney to unnecessarily taking your divorce to trial, discuss potential hidden costs with your family law attorney to be most prepared for what’s to come.

Dig Deeply Into Your Joint Finances

It is a matter of common knowledge, more or less a fact, that 40% of divorce proceedings are about money. So the best divorce advice for women is that you need to get as much information as you can about your joint accounts. This includes:

  • All of your online passwords to joint accounts.
  • All of the minor details of your joint investments.

As a precautionary tactic, it’s important to discuss the details with your attorney and seek their advice on matters dealing with financial assets. Your top priority should always be your financial well-being. This is because the emotions and the mental stress will eventually lessen and will go away one day but the fulfillment of your expenses is a reality, and you will have to face it today, tomorrow and in the days to come. You should estimate how much you will be needing after the divorce and make sure you ask for it – and get it.

Decide if it’s a 50/50 Divorce

Unlike other states that divide the marital estate exactly in half, Illinois instead considers a variety of factors to determine an asset division arrangement that is fair and reasonable on both ends. Unfortunately, Illinois is not a 50/50 state for divorce. This means that the court weighs a number of factors to determine how to fairly divide property rather than dividing property 50/50. 

These factors include each spouse’s contribution to acquiring the property, the value of the property, the duration of the marriage, and which party has more responsibility for any children of the marriage. 

Decide if Divorce Mediation is for You

Does your divorce case need to go to trial? Not always.

Mediation is considered an alternative dispute resolution process where an impartial or neutral mediator helps guide you and your spouse in settlement efforts – hopefully helping you reach a final agreement.  Unlike judges, a mediator has no authority to make decisions for you or your spouse. Their job is to keep you and your spouse’s focus on your needs and interests instead of fault and rights.

When a couple begins divorce mediation, they either choose the mediator in advance or one may be appointed by the court, with the court deciding how to split the costs.  Both spouses provide documentation to support their viewpoint regarding disputed issues, while the mediator works with both sides to find a resolution. The goal of the mediator is to reach an agreement between the two parties, therefore it is critically important to work with your divorce mediator attorney to ensure that the proposed solution is truly fair and equitable to you.

Even when parting spouses disagree, a divorce doesn’t always have to be a big fight. Divorce mediation is a way of finding solutions to issues such as child custody and spousal support. It acts as an alternative to the formal process of litigation in divorce court.

Uncontested Divorce

People might want to stop you from getting a divorce and sometimes they might even be right, but one thing that you should always try and remember is that getting a divorce is better than staying in a toxic relationship. It will hurt, but what matters in the long run is your happiness. 

Divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as child support, allocation of parenting time and responsibility, spousal maintenance, and division of assets and debts.  

However, if the parties can agree on the issues mentioned above, this is called an uncontested divorce. In an uncontested divorce, the parties and their attorneys draft written agreements at the outset. These are known as Marital Settlement Agreements and Joint Parenting Agreements. Uncontested divorces can be resolved with one court appearance and can be finished as quickly as a month.  

Final Thoughts

Divorce is rough – nobody can argue that. But remember: You don’t need to do everything perfectly. Give yourself some space and let your mind heal from the divorce process you have just undergone, or are currently undergoing. Be in control of your life as it comes to you and don’t push yourself too hard. When you’re going through a divroce you should allow yourself some grace for taking the steps to change things for the better.

While there are many questions and valid concerns that come with divorce, the divorce process itself does not have to be difficult, and you don’t have to go it alone. Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

If you are a woman contemplating filing for divorce, Masters Law Group’s team of experienced attorneys can answer any questions you may have throughout this process.

For more information on the divorce process in Illinois, contact us here today.

International Parental Abduction – What You Should Know

International parental child abduction is an act of illegally taking a child from their home. Usually by one of the parents, but it can also be done by an acquaintance or another member of the family, and taking him to another county. Here’s what you need to know about this growing problem. 

When parents report that their children have been abducted or retained outside of the United States, country officers inform them of potential options and provide resources to help them seek the return of, or access to, their children. International Parental Abduction is more common than you think.

In 2020, country officers responded to 157 initial inquiries in which parents sought information and resources regarding abductions, but did not proceed with providing complete documentation. Country officers handled 664 total outgoing abduction cases, including 246 cases opened in 2020. Of those cases,129 were resolved with the return of 185 abducted children to the United States.

Here’s a look at the Hague Abduction Convention, and what you should know about International Parental Abduction.

Is Your Child at Risk for An International Abduction?

There’s certain traits and characteristics of offending parents that make it easier to spot if they are capable of abduction your child. It is important to remember that these signs do not necessarily mean that your child’s other parent is going to abduct your child; these are signs that you need to make sure you are being more aware of. Here are some examples below:

  • Parents who threaten to abduct their children and/or have abducted their children before.
  • Parents who believe their children are being abused and have a support group that also believes this.
  • Parents with paranoia or sociopathic tendencies.
  • Parents with strong ties and family support in another country.
  • Parents frustrated with the legal system in the United States who have supportive family and friends.

It’s not unusual for a parent who abducts their child to believe that they know what is best for the child. Young children are the easiest to abduct because they don’t know to go for help or do anything to bring attention to their parents taking them.  Some other warning signs and factors that are important to be aware of are:

  • A parent with no source of income/job.
  • A parent who is financially independent.
  • A parent with no real ties to the community they live in.
  • A parent who abruptly quits their job, sells their home, applies for passports.
  • A parent who starts collecting the child’s medical and school records.
  • A parent who has domestic violence and/or child abuse history.

Protecting Your Child From International Parental Abduction

When developing a child custody order, it is important that the order be very specific in regard to the rights of each parent. You should avoid vague phrases like “reasonable visitation” because the word reasonable can be interpreted differently.. Joint custody should also be avoided if there has been any history of abduction or the risk of abduction is high.  

Your court order should include why the court has jurisdiction in the matter of your child and state that both parents were given the opportunity to present their case to the court regarding custody. In order for your court order to be able to be enforced nationwide, the court’s exercise of their jurisdiction has to comply with the federal Parental Kidnapping Prevention Act (PKPA).

Your court order can specify that your child is not allowed to leave the state you reside in without written consent from the other parent.  

The court order can also ban a parent from applying for a passport for your child.  If your child already has a passport, the court can require that the passport be surrendered. If you have information that your child would most likely be taken to a specific country, you can notify that embassy or consulate and provide them with the court order to request any visa requests for your child be denied.

If the risk to your child being abducted by their other parent is high, the court is typically more likely to put protections in the court order to prevent abduction. The court looks at the following factors: risk of abduction is high, recovering the child would be very difficult, and the abduction would be harmful to the child.

Some additional steps to lower the risk of parental abduction or increase your odds recovering your child if they are abducted would be:

  • Have up-to-date pictures of your child.
  • Have a written detailed description of your child including: height, weight, hair color, eye color, birthmarks, and noticeable physical characteristics.
  • Copies of your child’s Social Security card and passport.
  • Fingerprints of your child.
  • Have your child/children learn how to use a telephone and how to call the police.
  • Keep schools, daycares, and other child care providers informed of current custody orders.
  • Register your child with the Children’s Passport Issuance Alert Program (CPIAP).

International Child Abduction Remedies Act (ICARA)


The International Child Abduction Remedies Act (ICARA), is a multi-lateral treaty developed by the Hague Convention on Private International Law.

ICARA is United States federal law that implements the HAC between American states and American states internationally with other countries.  It went into effect in 1988.

When a child is alleged removed from his/her habitual residence, or a parent is not allowed his/her visitation with a child under a previous legal agreement, that child’s parent can now bring an action in local court under ICARA.  After a showing of the other parent’s wrongdoing, the alleged wrongdoer must show to the court one of the following:

  • that the person requesting the return of the child was not actually exercising custody’ at the time of the removal or retention;
  • that the person requesting the return of the child had consented to or acquiesced in the removal or retention;
  • that more than one year has passed from the time of wrongful removal or retention until the date of the commencement of judicial or administrative proceedings;
  • that the child is old enough and has a sufficient degree of maturity to knowingly object to the person requesting the return of the child, and that it is appropriate to heed that objection;
  • that there is grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation; or
  • that return of the child would subject the child to violation of basic human rights and fundamental freedoms.

Attempting to have one’s child returned to his/her care or to be able to exercise one’s visitation rights either by state to state or from state to an international country is very complicated.  It is highly recommended that a professional family law attorney be retained to navigate the legalities involved.

Child Custody and Visitation Matters


With the exception of international parental abduction, child custody and visitation matters are handled by local and state authorities, and not by the federal government. The matters are governed by the relevant state family court system and human services agency. Therefore, child custody or visitation issues should be reported to state or local law enforcement authorities or a state judicial officer.

In addition to contacting the Department of State, Office of Children’s Issues, law enforcement or left-behind parents should also contact the National Center for Missing and Exploited Children (“NCMEC”): www.missingkids.org. NCMEC works closely with the State Department and the U.S. Department of Justice’s Office for Victims of Crime and administers its Victim Reunification Travel Program. Eligible parents can request financial assistance so they can be reunited with a child located in another country or obtain travel support for the child’s return to the United States.

Finally, seeking a family law firm who are highly experienced in cases involving international child custody disputes (in both courts located in the State of Illinois and the United States federal court system) could be an invaluable resource in this incredibly stressful time.

Additional Resources on International Parental Abduction

Final Thoughts

Many countries throughout the world, including the United States, belong to the Hague Convention, and will negotiate treaties to help streamline international justice. When family law disputes cross international boundaries, it is essential to have the help from a knowledgeable family law attorney who understands all of the legalities that go along with international child custody cases.

Our attorneys, Erin Masters and Anthony Joseph, have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”). 

See Our Featured Hague Decisions Here:

Contact us here today to learn more.