Tag Archive for: Chicago family law

Hague Convention: World Day of International Justice

On July 17th, the world unites to celebrate World Day for International Justice. The day also highlights important topics such as The Hague Convention in upholding justice on a global scale. Let’s take a deeper look at what today signifies. 

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) is vital for resolving cross-border legal disputes involving minors and maintaining harmonious international relations. Today, we explore the significance of the Hague Convention and its impact on promoting justice worldwide. Here’s what you need to know.

Understanding the Hague Convention

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (1980 Hague Convention) is a multilateral treaty that establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country. Currently, there are 101 Contracting States to the Hague Convention. Including the United States.

Promoting Family Law Cooperation

The Hague Convention promotes cooperation among diverse legal systems, particularly international family law. Recognizing the complexities that can arise in cross-border family disputes, the Convention actively encourages member countries to establish effective communication channels, exchange relevant information, and engage in meaningful cooperation.

Through cooperation, the Convention facilitates the sharing of expertise, best practices, and legal frameworks among member countries. This knowledge-sharing helps bridge gaps in understanding and cultural differences, leading to a more effective and culturally sensitive resolution in cross-border family law cases. It recognizes the importance of safeguarding the rights and interests of families, promoting stability, and minimizing potential harm.

The Hague Convention ultimately contributes to the overarching goal of international justice. By facilitating fair and efficient resolution of cross-border family disputes, the Convention upholds the principles of fairness, equality, and protection of individual rights. It seeks to establish a framework that respects diverse legal systems while working towards common goals and shared values.

Understanding Family Law Limitations 

The Hague Convention, while comprehensive in its scope, may encounter limitations when applied in practice. Each case is unique, and complexities can arise due to cultural differences and interpretation of the Convention’s provisions. These challenges can affect the process and outcome of international cases, underscoring the importance of seeking legal advice.

To effectively navigate these obstacles and achieve the best possible outcomes in international family law cases, seeking guidance from legal professionals well-versed in international family law becomes crucial. Legal professionals experienced in international family law possess the expertise and knowledge necessary to navigate the complexities of the Hague Convention. They can provide valuable guidance on interpreting and applying the Convention’s provisions, helping individuals involved in international divorce cases understand their rights and obligations.

Recognition and Enforcement of Judgments

In an increasingly interconnected world, the recognition and enforcement of foreign judgments play a critical role in upholding the rule of law. The Hague Convention ensures that court judgments rendered in one jurisdiction are duly recognized and enforced in another. The Hague Convention is a robust framework for identifying and enforcing foreign judgments. It provides a mechanism through which decisions issued in one country can be acknowledged and given effect in another jurisdiction. This harmonization of recognition and enforcement procedures helps to streamline legal processes, reducing delays and uncertainties that could hinder international transactions.

By recognizing and enforcing foreign judgments, the Convention fosters trust and confidence among nations. It ensures that individuals can rely on the judicial outcomes obtained in one jurisdiction when operating across borders. This promotes legal certainty, reduces the risk of duplicative proceedings, and facilitates the smooth flow of commerce and investments between countries.

Initiating the Process

Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Maybe a parent moved internationally in violation of a custody agreement.

Filing a case under the Convention does not guarantee that your child will be returned. To obtain the return of your child through a Hague proceeding, you must first be able to demonstrate the following:

  • That your child was habitually resident in one Convention country and was wrongfully removed to or retained in another Convention country;
  • The removal or retention of your child is considered wrongful if it was in violation of your custodial rights, and you were exercising those rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
  • The Convention must have been in force between the two countries when the wrongful removal or retention occurred (the dates are different for every country); (Note: In many instances, when a country accedes to the Convention, it is not automatically partners with all of the other countries who have ratified or acceded to the Convention.  Countries must accept another country’s accession to the Convention under the terms described in the Convention before a treaty partnership is created.
  • The child is under the age of 16.

U.S Legal Resources

Why Choose Masters Law Group?

International custody issues can be incredibly difficult to deal with as a parent because of the concern you have for the safety and security of your child, and should be handled properly by a knowledgeable attorney.

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

Read the details of our most recent successful Hague Convention cases below. Furthermore, see what our clients have to say on representing their Hague Convention on Civil Aspects of International Child Abduction case:

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.

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.

— Aistė Šulcaitė

Final Thoughts

As we commemorate World Day for International Justice, we must acknowledge the ongoing efforts toward establishing a just framework. Rather than grappling with complex international law issues alone, seeking professional guidance is highly recommended in these time-critical cases. If you need legal assistance in Cook County or DuPage County, Illinois, look no further than Masters Law Group. Our experienced team is dedicated to guiding you through the intricate legal landscape of international law to provide robust representation in these challenging and high-stakes proceedings.

Contact us to schedule your consultation here today. 

Featured Hague Decisions:

Summer Vacation and Child Custody: Tips for Parenting Time

Co-parenting during the summer months can present unique challenges. With the right strategies in place, you can help make it stress-free for you and your child.

This blog will delve into valuable tips to help co-parents navigate summer vacations while maintaining a harmonious co-parenting relationship. By implementing these parenting tips, you can help ensure your child’s summer break is filled with fun, love, and quality time spent with both parents.

Read on to discover effective co-parenting techniques that will make your summer vacation successful.

What is Parenting Time?

The term “custody” is no longer used in the law. It is now called “parental responsibilities.” This includes parenting time (formerly “visitation”) and decision-making power.  Parenting time refers to the time each parent spends with their child.

Parenting time is literally just a schedule of each parent’s time with the children.  This schedule is agreed to and approved by the family court judge.  If the parents can’t agree on the schedule, the family court judge will assign the parents a schedule based on the “best interests” of the child.

Parental responsibilities refer to the decision-making responsibilities that each parent will have on behalf of the child. The parties may agree to share decision-making for the child or they may divide up the individual categories of decision-making responsibilities.

Those categories of decision-making responsibility must include:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities amongst them. (See more below on Allocation of Parental Responsibilities).

Does Illinois Grant Equal Custody?

Approximately 40% of states in the United States strive to provide equal custody time for both parents. Courts consider the child’s best interests when determining parenting time and custody arrangements. They aim to ensure that the child maintains a strong and healthy relationship with both parents. They consider factors such as the child’s age, needs, and the ability of each parent to provide a safe environment.

Illinois courts grant parenting time and responsibilities based on the child’s best interest. This means the court only favors a mother over a father if the father negatively impacts the child.

Clear guidelines and agreements regarding parenting time and custody can help establish stability and promote effective co-parenting. Let’s take a deeper look at some helpful co-parenting methods.

Plan In Advance

Effective co-parenting requires proactive planning for summer vacation. Start by discussing your vacation plans with the other parent well in advance. This allows both of you to evaluate and discuss the feasibility of the proposed dates and destinations. Consider factors such as your child’s preferences, special events or activities they may want to participate in, and overall availability. Considering these commitments helps you avoid scheduling conflicts and ensures your child doesn’t miss out on critical activities.

Engaging in open and constructive communication with the other parent is crucial during the planning stage. Discussing your expectations and desires for the vacation allows you to find common ground and work towards a mutually agreeable arrangement. It’s essential to listen to each other’s concerns and be willing to compromise where necessary. Remember, the focus should always be on providing your child with a positive and enriching vacation experience.

By initiating discussions early, considering your child’s preferences, school schedules, and commitments, and maintaining open communication with the other parent, you can avoid conflicts and work together to create a memorable and enjoyable summer vacation for your child.

Communicate Openly

Clear and open communication is vital to successful co-parenting. Communication becomes even more critical during the summer break. Keep each other informed about your vacation plans, including travel itineraries, accommodation details, and emergency contacts. Regularly update the other parent about any changes or delays impacting the agreed-upon schedule. Maintaining open lines of communication ensures transparency and builds trust between co-parents.

Be Flexible And Compromise

Flexibility is crucial when co-parenting during summer vacation. Understand that unexpected events or last-minute opportunities may arise, requiring adjustments to the agreed-upon plans. Be willing to accommodate reasonable requests from the other parent, and consider your child’s best interests when making decisions. Maintaining a cooperative and flexible attitude helps create a positive co-parenting dynamic and allows for enjoyable vacations for everyone involved.

Create A Detailed Vacation Plan

To avoid confusion and minimize potential conflicts, create a detailed vacation plan that outlines the agreed-upon arrangements. Include travel dates, pick-up and drop-off locations, transportation arrangements, and contact details for both parents. This plan can serve as a reference point for both parents and helps ensure that everyone is on the same page.

Consider The Child’s Needs

While making vacation plans, always prioritize the well-being and happiness of your child. Consider their preferences, interests, and special considerations such as allergies or medical requirements. Involve your child in the decision-making process where appropriate, giving them a sense of ownership and excitement about the vacation. Remember, the goal is to create lasting memories and positive experiences for your child.

Respect Boundaries

When co-parenting during summer vacation, respecting each other’s boundaries is crucial. Avoid involving your child in conflicts or negative discussions about the other parent. Remember custody and visitation agreements. Demonstrating respect sets a positive example for your child and fosters a harmonious co-parenting relationship. Plan for regular communication between your child and the non-custodial parent. Consider phone calls, video chats, or updates based on your child’s age and preferences. By planning, considering the child’s needs, and respecting boundaries, co-parents can ensure a smooth and enjoyable vacation for their children.

Allocation of Parental Responsibilities

If you have followed the tips above and are having trouble reaching a civil agreement regarding parenting time, the Allocation of Parental Responsibilities can help. In Illinois, there are three primary types of child allocation of parental responsibilities: joint allocation, sole allocation, and shared allocation.

Joint allocation of parental responsibilities requires parents to collaborate on decision-making regarding their child’s education, healthcare, religious instruction, and other essential matters. The parents will agree, or the court will assign a residential parent. The non-residential parent will provide child support and have designated parenting time, as determined by a parenting time agreement or court order.

Sole allocation of parental responsibilities refers to an arrangement where one parent assumes full responsibility for making decisions concerning the child’s well-being. However, it doesn’t imply that the other parent is wholly excluded from the child’s life.

Shared allocation of parental responsibilities is a variation of joint allocation. It is suitable when the child spends equal time with both parents. The parents live in the same school district and can co-parent effectively. Working with an established family law attorney can ultimately help you reach an agreement.

How Masters Law Group Can Help

Masters Law Group focuses on helping clients assert their rights to further the best interests of their children. Attorney Erin E. Masters is a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Attorney Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus in assisting clients in Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook) we offer various services to help parents, children, and families through difficult times like Divorce, Parenting Time, and Allocation of Parental Responsibilities.

If you require legal assistance, contact a member of our legal team today. Our attorneys will work with you to develop an appropriate action plan for your unique needs and goals. We will work diligently on your behalf and provide regular updates. Contact us today to set up a complimentary consultation.

Civil Union Dissolutions and Mediation

Partners who want to take their relationship to the next level, both ceremoniously and legally, generally have two options: they can be united in marriage or a civil union. In Illinois, dissolving a civil union is almost the same as dissolving a marriage. Here’s what you need to know.

No one sets out to spend their lives together anticipating separating down the line. Just because you CAN have a Civil Union in Illinois, it doesn’t mean you have to stick it out should you be unhappy.

As you traverse the labyrinth of life, you may find yourself entwined in the complex legal maze of civil union dissolutions. It’s a challenging path to tread, one rife with emotional turmoil and legal intricacies. As seasoned divorce attorneys at Masters Law Group, we are equipped with the expertise to guide you through this intricate process, specifically focusing on mediation as a dispute resolution technique.

If you and your partner aren’t sure which may be right for you, it’ll be helpful to learn about the similarities and differences between civil unions and marriages to make an informed decision. Read on to learn more.

WHAT IS A CIVIL UNION?

In Illinois, a civil union is a legal relationship between two people that gives them legal rights to marriage. Civil unions first became recognized in 2011, when the Religious Freedom Protection and Civil Union Act was passed. Civil unions can be entered by same-sex or opposite-sex couples.

Partners who enter civil unions are granted the same protections, responsibilities and benefits that one would normally receive in a marriage. Eligibility for those wanting a civil union include the following:

  1. Must be 18 years of age or older.
  2. Cannot be related – by the half or the whole blood or by adoption; an aunt or uncle and a niece or nephew, whether the relationship is by the half or the whole blood, or by adoption; or between first cousins.
  3. Cannot enter civil unions prior to dissolution of marriage or similar legal relationships.
  4. Individuals who live out of state, as that civil union would not be legal in their home state.

It is important to note that while civil unions are legally recognized in Illinois, they are not federally recognized. If you have entered a civil union with your partner but have decided to move on, you will need a Civil Union Dissolution.

Civil Union Dissolutions

If things didn’t turn out the fairytale you had imagined, you’re not alone. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

In Illinois, a party to a civil union may petition the Court to dissolve the civil union just as with Dissolution of Marriage. You must draft a Petition to Dissolve a Civil Union alleging similar facts as in a Petition for Dissolution of Marriage, and follow similar procedures as set forth above.

You should also consult with a family divorce lawyer who is highly experienced in Civil Union Law.

Mediation: A Beacon of Resolution

In this intricate landscape, mediation emerges as a beacon, offering a softer, more collaborative approach to dispute resolution. Instead of a contentious courtroom battle, you are guided towards mutually beneficial solutions under the oversight of a neutral third party, the mediator. This approach fosters communication, reduces conflict, and places you and your partner at the helm of decision-making.

The Advantages of Mediation

Mediation in civil union dissolution offers numerous advantages. The process is often less costly and quicker than traditional court litigation. It’s confidential, providing a private arena for you to voice concerns and negotiate terms without public scrutiny. Furthermore, it allows for a greater degree of control over the outcome, as you and your partner make the decisions rather than leaving them in the hands of a judge.

How Masters Law Group Can Assist

At Masters Law Group, we stand by your side as trusted advisors and advocates throughout the dissolution process.

Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable lawyer to guide you through every step.

We provide professional and individualized legal representation for a wide range of family law concerns, including civil unions. Our firm has dedicated considerable time in order to become knowledgeable and up to date in this new area of family law. Whether you want to form a civil union or are in need of a civil union dissolution, we will take the time to fully understand your situation and provide honest advice regarding your options.

Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

We will guide you through the mediation process, ensuring your interests are represented, and help you navigate complex negotiations concerning asset division, financial obligations, and child-related matters. Our aim is to facilitate a smooth transition, minimizing conflict and promoting a resolution that respects the interests of all parties involved.

Conclusion

Civil union dissolutions can seem like a daunting legal labyrinth, but they can become more manageable with expert guidance and a focus on mediation. At Masters Law Group, we are committed to providing compassionate, professional assistance to help you navigate these complexities. We believe in empowering you to make informed decisions and strive for an outcome that supports your best interests and those of your family.

Remember, as you go down this challenging path, you are not alone. With a strong legal advocate at your side, you can successfully navigate the complexities of civil union dissolution and mediation.

Schedule a Consultation today to learn more about how we can assist as your Civil Union Dissolution and Mediation attorneys.

The Role of Mediation in Resolving Family Law Disputes

Family law disputes can be emotionally and financially taxing for all involved parties. Fortunately, mediation can help.

Divorce Mediation is a peace-making practice dedicated entirely to couples committed to approaching the end of a marriage with honesty, integrity, and reason.

The aim is for divorcing spouses to reach constructive divorce settlements by avoiding litigation’s emotional and financial toll and without court intervention.

In this blog, we will explore the role of mediation in resolving family law disputes. Here’s what you need to know.

What is Mediation?

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help the parties reach their agreement.

Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward. Let’s take a look at some of the benefits of mediation.

1. Cost Savings

The rising costs of divorce have made it increasingly difficult for couples to pursue traditional litigation. However, mediation offers a more cost-effective alternative to conventional litigation, allowing parties to save on legal fees and avoid the costs of lengthy court battles.

According to data from the Bureau of Labor Statistics, the cost of legal services increased by 4.9% in March 2023 compared to the same period last year. With inflation rates remaining high, the cost of divorce will likely continue to rise, making mediation an attractive option for those seeking a more affordable way to resolve family law disputes.

2. Flexibility

When parties opt for traditional litigation in family law disputes, they are at the mercy of the court’s calendar. A judge has multiple cases on their docket and will determine the day and time of an appearance. Because of this, it could result in a delay of weeks or even months. Mediation, on the other hand, allows the parties and counsel to weigh in on scheduling and how the case is to be heard.

In some situations, the proceeding might be a hybrid, in that some individuals appear in person and others participate remotely. This flexibility allows parties to choose a date and time that works for them and participate in the mediation process most conveniently.

Additionally, parties can work with a mediator outside the court’s calendar since mediation is voluntary. This can result in a faster resolution and a more positive experience.

3. Time Savings and Continuity 

Family law cases that go to trial involve major disputes over finances and children and can take time to resolve, prolonging one of the most painful events in a person’s life. The impact of such a trial can be significant, affecting finances, job performance, mental health, and overall well-being.

In contrast, mediation offers a streamlined and efficient process for resolving family law disputes. Mediation minimizes time away from work, children, and other essential aspects of life. Parties can work together to schedule mediation sessions at times that suit their work and family obligations.

Once the mediator establishes rapport with the parties, it is essential to maintain a productive conversation. Agreement on more minor issues can lead to the resolution of larger ones. This incremental approach helps to build trust between the parties and encourages them to find common ground.

4. Privacy

Divorce is one of the most stressful life events, and finding ways to lessen the impact of this stress on the family is crucial. Divorce proceedings can bring additional scrutiny and enhance the anxiety associated with the experience. Courtrooms are open, as they should be, but this can add to the stress of the situation.

Mediation offers a more private, confidential, and intimate setting, which can help to alleviate some of the stress associated with divorce. Parties can work together to resolve their issues in a safe and comfortable environment without the added pressure of a public courtroom setting.

The confidentiality of the mediation process can also be beneficial for families. Mediation agreements are typically confidential, meaning the dispute and resolution details are kept private. It can help protect the parties’ privacy and avoid potential negative publicity from a public trial.

5. Long-Term Results

Mediation can provide long-term benefits for parties involved in family law disputes. One of the key advantages of mediation is that it allows parties to reach a resolution tailored to their unique needs and circumstances.

Choosing mediation can result in a more sustainable agreement that is less likely to result in future conflicts. In addition, mediation encourages parties to communicate openly and work together to find common ground, which can improve their relationship and pave the way for better co-parenting and co-existence in the future.

Finally, mediation is less adversarial than traditional litigation. It can help minimize the adverse emotional and psychological effects of divorce and other family law disputes, which can have long-term benefits for all involved.

Final Thoughts

Serving clients in Cook County and DuPage County Illinois, at Masters Law Group, our experienced attorneys understand that divorce is a stressful situation for everyone involved. As such, we prioritize our clients’ assurance and well-being throughout the mediation process.

Whether you are facing mediation, a contested, uncontested, or a civil union divorce, our attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

No one should go through a family law case alone. Contact us here today to schedule a consultation.

What is The Hague Convention? (INTERNATIONAL CHILD ABDUCTION)

The Hague Convention on the Civil Aspects of International Child Abduction provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The powerful international treaty can yield beneficial results when implemented correctly and appropriately.

The Hague Convention has been in the headlines recently regarding the war with Russia and Ukraine. This has left many across the globe asking, “What is the Hague Convention?”.

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) 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.

The International Criminal Court in the Hague has issued an arrest warrant against Russian President Vladimir Putin. It accuses him of being responsible for war crimes in Ukraine, including the unlawful deportation of children. Russia’s Commissioner for Children’s Rights, Ms Maria Lvova-Belova, is also subject to an arrest warrant.

According to Ukraine, tens of thousands of possible war crimes have been carried out by Russian forces since they invaded Ukraine in February last year. The Hague Convention doesn’t just apply to war crimes; it also affects everyday civilians across the globe when their child has been wrongfully removed from their habitual residence.

Divorce and The Hague Convention

When parents divorce, deciding how to handle issues regarding their children can be intense. When parents originate from separate countries, these disputes can quickly become complicated, especially when one parent attempts to move children across international borders.

When this happens, you need a Hauge lawyer who is highly experienced in international law. They understand how to settle matters of jurisdiction involving courts in the United States and other countries across the globe (if these nations are a part of the convention).

The Hague Convention’s applicability can be determined by two factors:

(1) whether both parents have consented to their child’s removal from one country to another; or

(2) if a child has been wrongfully removed from one country and brought into another country without either parent’s consent.

Hauge Law is created in order to protect you and your family both nationally and internationally.

INITIATING THE PROCESS

Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Maybe a parent moved internationally in violation of a custody agreement.

Filing a case under the Convention does not guarantee that your child will be returned. To obtain the return of your child through a Hague proceeding, you must first be able to demonstrate the following:

  • That your child was habitually resident in one Convention country and was wrongfully removed to or retained in another Convention country;
  • The removal or retention of your child is considered wrongful if it was in violation of your custodial rights, and you were exercising those rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
  • The Convention must have been in force between the two countries when the wrongful removal or retention occurred (the dates are different for every country); (Note: In many instances, when a country accedes to the Convention, it is not automatically partners with all of the other countries who have ratified or acceded to the Convention.  Countries must accept another country’s accession to the Convention under the terms described in the Convention before a treaty partnership is created.
  • The child is under the age of 16.

WHY CHOOSE MASTERS LAW GROUP?

International custody issues can be incredibly difficult to deal with as a parent because of the concern you have for the safety and security of your child, and should be handled properly by a knowledgeable attorney.

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

Read the details of our most recent successful Hague Convention cases below. Furthermore, see what our clients have to say on representing their Hague Convention on Civil Aspects of International Child Abduction case:

 

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.

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.

— Aistė Šulcaitė

FINAL THOUGHTS

Instead of trying to figure out international law issues alone, contact the Family Law Attorneys at Masters Law Group. Serving clients in Cook County and DuPage County Illinois, our experienced team will help you navigate the legal complexities of your case and are committed to vigorously representing you in these frightening, high-stakes proceedings.

Contact us to schedule your consultation here today. 

Featured Hague Decisions:

How Does the Hague Convention Apply to a Child Custody Case?

Child custody (Parental Responsibilities) disputes can be emotionally draining, but when the involved parents reside in different countries, the situation becomes even more complex. That’s where the Hague Convention on the Civil Aspects of International Child Abduction comes in. 

With the increased mobility of couples, international child custody cases are becoming more common. Whether couples decide to live abroad or receive international jobs, child custody disputes that cross international borders are on the rise. Under the Hague Convention, children who are wrongfully abducted from the country where they live must be returned to that country, so that custody disputes can be resolved there.

In this blog, we will explore the implications of international child custody cases and discuss how the Hague Convention can provide assistance in resolving disputes. Here’s what you need to know.

WHY THE HAGUE CONVENTION IS IMPORTANT

The Hague Convention on the Civil Aspects of International Child Abduction is a crucial international agreement that deals with international parental child abduction. This treaty provides a legal process that allows a parent to seek the return of their child to their home country. The Convention was developed by the Hague Conference on Private International Law (HCCH) and entered into force on December 1, 1983. 

Numerous countries worldwide have joined the treaty, which aims to prevent wrongful removal or retention of a child from their habitual residence. The Convention considers any removal or retention that breaches custody rights attributed to a person or any other body as “wrongful,” regardless of whether the parent has legal custody. In many cases, U.S. court orders may not be recognized in other countries, and sovereign nations cannot interfere with each other’s legal systems. Therefore, the Hague Convention provides an essential framework for resolving international child custody disputes.

HAGUE CONVENTION FRAMEWORK

The Hague Convention’s framework helps countries work together to find solutions for custody cases where a child is abducted, regardless of the child’s immigration status or nationality. If a child is taken from their habitual home and brought to a foreign country, it violates the parent’s custodial rights.

The Central Authority can help with the following: 

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

A custody order is not always necessary to prove that a parent’s custodial rights were violated, as proof of parenthood or marriage can be used instead. When a child is returned to their habitual residence, it is done based on the best interests of the child, and their immigration status or nationality is not a factor. The Hague Convention provides a crucial framework for resolving international custody disputes prioritizing the child’s well-being.

CAN THE COURT DENY A RETURN?

It is important to note that under specific circumstances, the court may deny the return of a child, and these exceptions can vary from country to country. The court may deny the following: 

  • Risk to the child where they are exposed to physical or psychological harm.
  • The child objects if they are old enough.
  • More than a year has passed, and the child adapts to their new home.
  • The custodial parent agrees to let the child remain.
  • The return would violate human rights and fundamental freedoms
  • The custodial parents seeking return are not exercising rights of custody during wrongful removal. 

The Hague Convention provides various procedures for coordinating international child abduction cases. It’s important to note that the exceptions for denying the return of a child can vary from country to country.

CHALLENGES PARENTS MAY FACE

When parents are dealing with international child custody disputes, they often face a variety of hurdles they need to overcome. One of the most significant challenges is simply navigating the legal system of another country. This can involve language barriers, unfamiliar legal procedures, and cultural differences that can make it difficult for parents to advocate for their rights effectively. 

Additionally, parents may struggle to locate and communicate with their children, especially if the other parent is hiding them. In some cases, parents may also face obstacles related to travel, such as visa restrictions or prohibitive travel costs. International child custody cases can be highly stressful and emotionally taxing for parents. That’s why it’s essential to have the right support and guidance throughout the process.

GET THE HELP YOU NEED

Acting fast is crucial when facing an international child custody case, and having an attorney who can file a Hague Convention application on short notice is essential. It’s crucial to seek legal counsel with knowledge and experience in Hague proceedings to navigate these complex cases successfully.

Erin Masters and Anthony Joseph are highly experienced in cases involving international child custody disputes in the State of Illinois and the United States federal court system. They have vast experience with the Hague Convention on Civil Aspects of International Child Abduction. 

If you’re interested in learning more, see our featured Hague Decisions:

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Does Divorce Affect Adoptions in Illinois?

Parents who adopt aim to give the child/children a stable, loving environment to grow up in. Couples rarely adopt children with plans to divorce. But as we know, it doesn’t always pan out that way. 

After any adoption, with respect to minor children, if the parties divorce, the adoptive parent may have the same duties and parental responsibilities in regard to child support and other issues as though the minor child was his or her natural child. Here’s what you need to know.

Different Types of Adoption in Illinois

There are four main types of minor adoption that are commonly used in Illinois:

  • Related Adoption: Also called a “kinship” adoption, occurs in a situation where the child is adopted by family members, i.e, stepparent, grandparent, sibling, or aunt and uncle. This form of adoption is often the easiest to navigate, because some procedures and requirements may be waived. 
  • Agency Adoption:  In an agency adoption, the parents receive the child from the Department of Children and Family Services (DCFS) or a licensed private adoption agency. The biological parents have already surrendered the child to the state or had their parental rights terminated.
  • Private Adoption: A private adoption occurs when the adoptive parents receive the child directly from the biological family. 
  • Standby Adoption: A standby adoption is a legal arrangement that becomes effective after a specific event occurs, such as the death of a biological parent.

It’s important to note that Illinois also allows for adult adoptions. Adult adoption happens when a person over 18 is adopted by loved ones they have lived with for a substantial amount of time. The adult being adopted must give consent. However, biological parents do not need to give their approval.

Impact of Divorce on Adoption

When a married couple decides to adopt a child, they typically do so together, as joint petitioners. This means that both parents are legally responsible for the child, and both must consent to any decisions regarding the child’s upbringing, education, and medical care. However, if the couple divorces before the adoption is finalized, the situation becomes more complicated.

In Illinois, the adoption process is generally governed by the Illinois Adoption Act. According to this act, if a married couple begins the adoption process and then decides to divorce before the adoption is finalized, the court must determine whether the adoption is in the best interests of the child.

The court will consider various factors when making this determination, including the child’s age, health, and well-being, as well as the ability of each parent to provide a stable and loving home for the child. If the court determines that the adoption is still in the child’s best interests, the adoption can proceed, but the non-adopting spouse will no longer be considered a legal parent of the child.

On the other hand, if the court determines that the adoption is no longer in the child’s best interests, the adoption will be terminated, and the child will remain in the care of their birth parents or legal guardians.

Impact of Divorce on Stepparent Adoption

In some cases, a stepparent may wish to adopt their spouse’s child after a divorce. This process is known as stepparent adoption, and it is subject to different rules than traditional adoption.

Under Illinois law, a stepparent may adopt their spouse’s child if the following conditions are met:

  • The stepparent is married to the child’s legal parent.
  • The child’s other legal parent has consented to the adoption or had their parental rights terminated by a court.
  • The adoption is in the best interests of the child.

If the stepparent meets these requirements, they may petition the court to adopt the child. However, if the legal parent of the child objects to the adoption, the court will have to determine whether the adoption is in the best interests of the child.

If the legal parent does not object, the adoption can proceed without the need for a court hearing, and the stepparent will become the child’s legal parent.

Conclusion

Divorce can have a significant impact on adoption proceedings in Illinois, and it is important to understand the laws and regulations that govern these situations. If you are considering adoption or are going through a divorce while in the process of adopting, it is highly recommended that you consult with an experienced family law attorney who can help guide you through the legal process and protect your rights and the best interests of the child.

At Masters Law Group, our team of skilled attorneys can help guide you through the divorce process and explain the legal implications of how adopted children could be affected.

Schedule a consultation today to begin the conversation.

Illinois Property Division in Divorce

If you are approaching divorce in Illinois, you may wonder how the law treats the division of marital property. Here’s what you need to know. 

Divorce is a difficult and emotional process that can be made even more complicated by the division of property between spouses. Marital property includes more than your family home. The legal definition of an asset in a divorce is anything that has a real value. Assets can include tangible items that can be bought and sold such as cars, properties, furniture, jewelry and even cryptocurrencies such as Bitcoin. 

Illinois is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. This is in contrast to community property states, where marital property is divided equally between the spouses.

The Strain of Property Division on Divorcing Couples

The division of property that you and your spouse have shared for years can seem especially tricky, often introducing fresh grievances or re-igniting old ones in the process. Here are some of the reasons why property division can be difficult in divorce:

  1. Emotional attachments to property: Couples may have emotional attachments to certain properties, such as a family home or heirloom, which can make it difficult to negotiate a fair division.
  2. Disagreements about what is fair: Spouses may have different ideas about what is a fair division of property. For example, one spouse may argue that they should receive a larger share of the marital property because they earned more money, while the other spouse may argue that they should receive a larger share because they contributed more to the household.
  3. Complexity of assets: Couples may have complex assets, such as businesses, investments, or retirement accounts, that are difficult to value and divide.
  4. Difficulty agreeing on values: Even when the assets are not complex, it can be difficult to agree on the value of the assets, especially if they have appreciated or depreciated in value since they were acquired.
  5. Legal complexities: Property division in divorce can be a legally complex process, and couples may struggle to understand the relevant laws and regulations.
  6. Fear of financial instability: Divorce can have a significant impact on a person’s financial stability, and couples may be afraid of the financial consequences of a property division that they perceive as unfair.

Equitable Distribution in Illinois

As mentioned, Illinois is an Equitable distribution state, meaning that a court will divide the marital property in a way that is fair and just, taking into account various factors such as:

  • The contributions each spouse made to the acquisition, preservation, or increase in value of the marital property;
  • The length of the marriage;
  • Primary caregiver status for the child/children;
  • The economic circumstances of each spouse at the time of the property division;
  • Any prenuptial or postnuptial agreements between the spouses;
  • The age, health, and occupation of each spouse;
  • The needs of each spouse; and
  • Any other factors the court deems relevant.

Marital property in Illinois includes all property acquired by either spouse during the marriage, regardless of how it is titled, except for property acquired by gift, inheritance, or a property acquired in exchange for property acquired before the marriage.

Non-marital property, on the other hand, includes property acquired by a spouse before the marriage, property acquired by gift or inheritance, and property acquired in exchange for non-marital property.

Tax Consequences

You will want to be sure to understand how the decisions you make about the division of your property will affect the taxes owed by both you and your spouse.

For instance, if you sell your home or other assets during your divorce, you may be required to pay capital gains taxes. Understanding and addressing tax-related issues will help you avoid financial problems that may arise after you complete your divorce.

Community Property Laws in Illinois

Illinois is not a community property state. Community property states, such as California and Texas, divide marital property equally between the spouses regardless of the contributions each spouse made to acquiring or maintaining the property.

In a community property state, property acquired by either spouse during the marriage is considered community property, and each spouse has an equal interest in it. This includes income earned during the marriage and any property acquired with that income.

Illinois and other equitable distribution states, on the other hand, divide marital property in a way that is fair and just based on the factors discussed above.

Hidden Assets

It is not uncommon for parties to hide their assets from their ex’s and the courts to help swing the distribution of property in their direction.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This involves everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income.

Getting the Legal Help You Need

If you are facing divorce in Illinois, you might decide you want an attorney to help you with your case. It is important to get an experienced lawyer when discussing property division after divorce for several reasons:

  1. Knowledge of the law: A divorce attorney will have a deep understanding of the laws and regulations that govern property division in your state, including the factors that a court will consider when dividing marital property. This knowledge will be invaluable in helping you negotiate a fair and equitable division of property.
  2. Objectivity: Divorce can be an emotionally charged process, and it can be difficult to negotiate property division when you are feeling hurt, angry, or resentful. A divorce attorney can provide an objective perspective and help you make decisions that are in your best interests.
  3. Protection of your rights: A divorce attorney will work to protect your rights and ensure that you receive a fair division of property. They will help you identify assets that may be subject to division and make sure that those assets are valued correctly. They will also help you understand your options for negotiating a division of property, including mediation and litigation if necessary.
  4. Avoiding mistakes: Property division can be a complex process, and it is easy to make mistakes that could have long-lasting financial consequences. A divorce attorney will help you avoid these mistakes and ensure that you are making informed decisions about your property division.
  5. Negotiation skills: A divorce attorney will have strong negotiation skills that can be invaluable in reaching a fair and equitable division of property. They will work to find creative solutions to complex property division issues and help you achieve your goals.

An experienced divorce attorney can help you navigate the complex process of property division and ensure that you receive a fair and equitable division of property.

Conclusion

Divorcing couples may struggle with property division because of emotional attachments, disagreements about what is fair, complex assets, difficulty agreeing on values, legal complexities, and fear of financial instability. It is important for couples to work with experienced divorce attorneys who can guide them through the process and help them reach a fair and equitable property division agreement.

If you are going through a divorce in Illinois and have questions about property division, contact the award-winning attorneys at Masters Law Group. Our highly experienced divorce lawyers are ready to guide you through the process and ensure that your rights are protected.

Set up your consultation here today. 

4 Common Misconceptions About Family Law

Family law matters can be emotionally and mentally draining. Misconceptions about family law can further complicate the process and cause unnecessary misery for all parties involved.

Getting (and giving) bad advice is an unfortunate part of life. While the giver of the advice most probably only means well, they could be sabotaging a case legally without even knowing it.

Gain clarity and confidence in approaching family law matters, including divorce, by debunking the four most common misconceptions below. Here’s what you need to know.

MISCONCEPTION #1: IF MY SPOUSE CHEATED ON ME, THEY WILL AUTOMATICALLY GET LESS PARENTING TIME.

Illinois courts take into account various factors when making custody and parenting time decisions. All of these factors include the best interests of the child. While it can be easy to assume that infidelity will sway the court’s decision, it is important to understand that this is not necessarily the case.

The court is more likely to focus on issues like communication and the child’s relationship with each parent. Working with a professional family law attorney will help you in the long run. The court’s ultimate decision is in the best interests of your child.

MISCONCEPTION #2: THE MOTHER ALWAYS GETS PRIMARY CUSTODY OF THE CHILDREN

In Illinois, the court will consider various factors to determine what is in the child’s best interests. Some of the factors that the court may consider include:

  • The child’s age and physical and emotional needs
  • The living situation of each parent, including the child’s relationship with each parent and the home environment
  • Each parent’s ability to provide for the child’s needs, including financial and emotional support
  • The child’s adjustment to their school, community, and home life
  • The mental and physical health of the parents and the child
  • Any history of domestic violence or substance abuse in the household

In addition, the court may consider the child’s wishes if they are mature enough to express them. This generally applies to older children or teenagers, who may have a better understanding of their preferences and needs. It’s important to note that parents can create their custody agreement, which the court will review to ensure that it is fair and in the child’s best interests. This can be a less adversarial approach and can give parents more control over the outcome of their custody arrangement.

Custody decisions are complex and require careful consideration of various factors. Consulting with an experienced family law attorney can help you understand your options and make informed decisions about your child’s custody arrangement.

MISCONCEPTION #3: I WILL BE DIVORCED SOON AFTER I FILE.

In Illinois, an uncontested divorce can be granted without a waiting period as long as residency requirements are met. However, a contested divorce typically requires a six-month waiting period before it can be finalized. The duration of the divorce process in Illinois varies. Here are some of the potential factors:

  • The complexity of the case
  • The willingness of the parties to cooperate
  • The court’s caseload.

It’s important to note that the process can take longer than six months. Especially if there are significant disagreements between the parties involved. However, working with a family law attorney can help expedite the process and ensure your rights and interests are protected. An attorney can also guide options such as mediation or collaborative divorce to help resolve disputes more efficiently.

MISCONCEPTION #4: I HAVE TO GO TO COURT TO GET DIVORCED.

While some divorces may be litigated in court, alternative methods of dispute resolution are also available. These methods are used to reach a divorce settlement without the need for a court trial. Divorce Mediation is one of the most commonly used methods.

Mediation involves working with a neutral third-party mediator who can help facilitate negotiations between you and your spouse to settle. This approach includes working with your attorney, financial experts, or a mental health professional, to reach a mutually beneficial settlement. Overall, mediation can potentially be a less expensive and less time-consuming approach than going to court. 

FINAL THOUGHTS

Dealing with family law matters like divorce, child custody and parenting time can be emotionally and mentally challenging. However, having a clear understanding of the facts can make the process less daunting. If you are going through a family law issue, it’s important to consult with an experienced family law attorney. They can help guide you through the process and protect your rights.

At Masters Law Group, our award-winning attorneys and law firm have a long history of helping clients successfully navigate through various family law issues.  Our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.. 

Contact us here today.

Co-Parenting and The Impact on Child Support

As family dynamics diversify, co-parenting is becoming increasingly popular. But this child-centered approach to parental separation has its own set of opportunities (such as consistency) and challenges (such as who is responsible for child support). Here’s what you should know. 

Co-parenting is a form of parenting relationship in which the two parents are not involved romantically with each other, but assume the joint responsibility of the child. It can be described as any two people jointly raising a minor, irrespective of whether or not they are biological parents. But, in the majority of cases, co-parenting comes after a divorce, separation or a breakup involving a child.

After divorcing (or legally separating), working with your child’s other parent may be uncomfortable to say the least. But making the effort to cooperate with your co-parent  makes things easier for everyone involved. Especially the child/children.

Navigating co-parenting is no easy feat and it can raise questions about the financial obligations of each parent. Let’s dive into the complex world of co-parenting and child support to learn more.

Co-Parenting in Illinois

In Illinois, co-parenting is commonly referred to as joint parenting. Joint parenting refers to an arrangement in which both parents share parental responsibilities and decision-making for the child. The purpose of joint parenting is to ensure that both parents remain involved in the child’s life and that the child’s best interests are always prioritized.

In order to establish joint parenting in Illinois, both parents must submit a parenting plan to the court. The parenting plan should include details about how parental responsibilities will be divided. It should also include decision-making authority, parenting time, and child support.

Child Support Orders

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Child support is utilized for the child or children’s expenses and looking at the best interests of the child or children to provide a stable home for the child or children. Some common expenses that are associated with child support are:

  • The child’s residence expenses such as mortgage or rent.
  • Utilities such as electricity, gas, and water.
  • The child’s educational expenses such as notebooks, pens, paper, books, sports fees, band fees, etc.
  • The child’s food expenses.
  • The child’s medical expenses. (Illinois Child Support Laws that went into effect on January 1st, 2022 requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.)

If you are concerned about how the court will calculate the child support amount and/or if you are concerned whether your child or children will receive the financial support they need, you should contact your trusted family law attorney.

Impact on Child Support

In Illinois, child support is calculated based on several factors. This includes each parent’s income, the number of children, and the amount of parenting time each parent has. When parents share custody in a co-parenting arrangement, child support is typically calculated differently than in cases where one parent has primary custody.

Under the Illinois Marriage and Dissolution of Marriage Act, when parents share custody, child support is calculated based on the “income shares” model. The amount of child support is calculated by determining the total cost of raising the child, and then dividing that cost between the parents based on their incomes. The amended income shares child support guidelines model became effective on January 1, 2019, signed into law as Public Act 100-0923 on August 17, 2018.

It’s important to note that in Illinois, child support obligations are not just financial. Parents who share custody in a co-parenting arrangement are also responsible for making sure their children’s emotional and physical needs are met. This includes the following:

  • Providing a stable and supportive home environment
  • Making decisions about education and healthcare
  • Facilitating communication between the child and both parents.

Co-parenting can be a rewarding and fulfilling way to raise children after a separation or divorce. However, it’s important for parents to work together to ensure that their children’s needs are being met, both financially and emotionally. If you feel your current situation and contract is unjust or incorrect, contact your family law attorney to discuss whether you are eligible for a modification of the order.

Modification of Child Support

In some cases, a parent may experience substantial changes to their financial situation that makes it challenging (or impossible) for them to pay the court-ordered amount of child support. In such cases, the parent can request a modification of the child support order.

To modify a child support obligation in Illinois, you must file a petition with the court that has jurisdiction over your case. The petition should explain the basis for the requested modification and the change in child support obligation you are seeking from the court.

Since the petition is for modifying an existing order, there is no need to have it served by a sheriff. Instead, you can serve notice of the petition through mail at the responding party’s last known address. Note that if the petition seeks additional court action besides the modification of child support, such as a change in parental time and responsibility, it must be served through certified mail at least 30 days prior to the hearing date.

It’s essential to remember that you cannot modify child support through self-help in Illinois. Even if the other party fails to comply with visitation rights, you cannot suspend child support payments without obtaining a court order.

If you find yourself in a situation where you need to modify a child support order, it’s always best to consult with a family lawyer.

How We Can Help

The options that come with parenting children after divorce or separation have drastically changed in recent decades. While it can be a blessing to many families who have separated on civil terms, it can be hard to navigate when animosity is present.

At Masters Law Group, we understand the laws and the court process inside and out, giving us the necessary knowledge and experience to ensure that your child is properly provided for.

For experienced legal help with your child support orders, parenting time, and more, contact us today to set up a complimentary consultation.