Hague Convention – International Child Abduction
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. We 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”) 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.
Featured Hague Decisions:
What is the Hague Convention?
To protect children from international abduction and return children to their home country residence. It can also include child custody conflicts when a parent or guardian resides in a different country to the home country of the child.
What countries aren’t applicable to the convention?
Countries that have acceded the Hague Convention include: Seychelles, Morocco, Gabon, Andorra, Russia, Guinea, Lesotho, Kazakhstan, Iraq, and Zambia.
Can the Hague Convention be applicable to a child that has been removed for over a year?
Yes, the Hague Convention can be of applicable to help retrieve the child even if it has been over a year.
How old can the child be to be protected by the Hague Convention?
Hague Convention is only applicable to children under the age of 16.
How long has the Hague Convention been around?
The Convention was signed October 25th, 1980 and entered on December 1, 1983. It is important to stay up to date on the status of accredited countries.
What are the elements of a Hauge Convention trial?
A petitioner establishes a prima facie case for the return of a child under the Hague Convention is he or she proves three elements:
1) prior to removal or wrongful retention, the child was habitually resident in a foreign country;
2) the removal or retention was in breach of custody rights under the foreign country’s law; and
3) the petitioner actually was exercising custody rights at the time of the removal or wrongful retention.
Schedule a Consultation
Are you facing a family law issue?
Each year in the Illinois, thousands of families seek answers to questions regarding divorce, separation, allocation of parental responsibilities, support and other matters of family law.
Contact us today to schedule a consultation.
I had a very difficult case in the United States Federal Court. My ex husband filed a Petition against me under the Hague Convention on Civil Aspects of International Child abduction asking to return our two sons to Lithuania. Seeking for the legal representation, I was advised by the U.S. Department of State to contact lawyer Erin E. Masters. I was so lucky to have the team of the best lawyers Erin E. Masters and Anthony G. Joseph representing me in this difficult trial.
They represented with the highest standards of law, but also provided support and empathy through the process. The communication was fantastic, always answered every question, explained every situation and possible outcome. As it was a very fast track case, Erin and Anthony worked hard including weekends to prepare everything for the hearing. There was only one hearing and the Decision was totally in my favor. All my family, especially the kids, are very grateful! It is also fair to mention that the legal expenses for the amount of services provided was very very reasonable. Taking in mind my difficult financial situation, Erin even agreed to provide the service for the reduced fee.
I will gladly recommend Erin Masters and Anthony Joseph to represent any of my friends and family in need of an excellent and highly professional family attorney.
Excellent, caring attorney: I would recommend Erin for divorce, family law problems. She is prompt in answering phone calls and emails and provides the best service. She is very knowledgeable on allocation of parental responsibilities and child support matters as well. She is definitely a 5-star attorney.
Erin is a wonderful and attentive attorney. She was very thorough and quick in response with all of my concerns and needs. I would highly recommend Erin as she is professional and very knowledgeable.
Excellent, Supportive Divorce Attorney: I reached out to Erin first for a consultation in person regarding my marriage and possible divorce. She was very supportive and kind, explaining to me my options and actually wishing me the best with my marriage. I again reached out via email a few times with further questions, and Erin was always very quick to respond. When I ultimately decided to file for divorce, Erin helped make the process as easy as possible considering the situation. She was very compassionate and caring when I was going through such an emotionally difficult time.
Masters Law Group
30 NORTH LASALLE STREET SUITE 2250
CHICAGO, IL 60602
312.609.1700 – PHONE
312.893.2002 – FAX
Schedule a Consultation
A Chicago family and divorce law firm focused on solving problems and achieving the best possible result for our clients.