Tag Archive for: DuPage County Hague Convention Attorney

International Child Abduction: How to Win a Hague Convention Case

International parental child abduction cases are among the most emotionally charged and legally complex disputes in family law. In 2023, 4.1% of the 28,886 missing children cases reported to the National Center for Missing & Exploited Children (NCMEC) were classified as family abductions—highlighting the prevalence and gravity of this issue.

The Hague Convention on the Civil Aspects of International Child Abduction provides a vital framework to address these cross-border disputes. However, navigating a Hague Convention case requires meticulous preparation, a comprehensive understanding of the law, and skilled legal representation.

In this blog, we’ll delve into the workings of the Hague Convention, outline effective strategies for winning a case, and demonstrate how Masters Law Group’s extensive experience can guide parents in reuniting with their children.

Understanding the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty established in 1980 to provide a standardized process for resolving international parental abduction cases. The Hague Conference on Private International Law (HCCH) includes 91 permanent members, comprising 90 countries and the European Union. All members agree to adhere to the Convention’s guidelines, helping ensure a unified approach to protecting children from wrongful removal or retention.

The core objectives of the Hague Convention include:

  1. Prompt Return: To help ensure the swift return of abducted children to their country of habitual residence.
  2. Deterrence: To prevent parents from using international borders to gain an advantage in custody disputes.

Steps in a Hague Convention Case

1. Filing a Hague Petition

The first step in a Hague Convention case is for the left-behind parent to file a petition in the country where the child is currently located. This is a critical legal document that initiates the process and sets the stage for the case. The petition must establish the following key elements:

  • The child is under 16 years of age.
  • The child’s habitual residence before the abduction.
  • The violation of custody rights under the child’s habitual residence laws.

2. Proving Wrongful Removal or Retention

The petitioner bears the responsibility of proving that the child’s removal or retention was wrongful under the Hague Convention. To do so, they must demonstrate two critical elements:

  1. Custodial rights were being actively exercised at the time of the abduction: This could involve showing evidence of regular involvement in the child’s life, such as visitation, financial support, or shared decision-making.
  2. The child was wrongfully removed or retained: The petitioner must establish that the child’s relocation violated custody rights recognized under the laws of the habitual residence.

Courts require clear and convincing evidence to support these claims. This may include legal documentation, witness testimony, or authoritative interpretations of custody laws in the child’s habitual residence. Collaborating with an experienced Hague Convention attorney can help your case be thoroughly prepared and presented effectively.

3. Defending Against Exceptions

While the Hague Convention prioritizes the prompt return of abducted children, it also provides limited defenses for the abducting parent. These defenses are not meant to re-litigate custody but to address exceptional circumstances. The most common defenses include:

  • There is a grave risk of harm if the child is returned.
  • The child has settled into the new environment (if over a year has passed since the abduction).
  • The child objects to returning and has reached an age and maturity to make such decisions.

Defenses under the Hague Convention are narrowly construed, and the burden of proof lies with the abducting parent to substantiate their claims. Courts carefully evaluate these exceptions to prevent help misuse and ensure the child’s best interests are protected.

Strategies for Success in Hague Convention Cases

1. Act Quickly

Time is critical in Hague Convention cases. Courts are more likely to return a child if the case is filed within one year of the abduction. Delays may result in the child becoming “settled” in their new environment, complicating the case.

2. Gather Robust Evidence

Establishing habitual residence and wrongful removal requires strong evidence, such as:

  • School or daycare records.
  • Medical and vaccination records.
  • Testimonies from friends, teachers, or community members familiar with the child’s living situation.

3. Address Potential Defenses Proactively

If the abducting parent raises defenses under the Hague Convention, be prepared to counter these arguments. For example:

  • If claiming grave risk of harm, provide evidence that the child will be safe in their habitual residence.
  • If the child objects to returning, demonstrate that the abducting parent may have influenced the objection.

4. Work with Experienced Legal Counsel

Navigating a Hague Convention case requires in-depth legal knowledge. Working with a law firm experienced in international parental child abduction cases, like Masters Law Group, can significantly improve your chances of success.

How Masters Law Group Can Help Best Hague Convention Attorney

At Masters Law Group, we understand the profound emotional and legal challenges involved in Hague Convention cases. With extensive experience representing clients in international parental child abduction disputes, we are dedicated to guiding you through these complexities with care and expertise.

Our attorneys have successfully handled numerous Hague Convention cases, delivering favorable outcomes for parents seeking the return of their children. We provide comprehensive support at every stage of the Hague Convention process, from filing the initial petition to representing you in court. Here’s how we can help:

  • Collect and present compelling evidence to prove wrongful removal or retention.
  • Develop strategies to address and counter defenses raised by the opposing party.
  • Advocate effectively in court to secure the prompt return of your child.

Explore our proven track record and expertise in this area of law by reviewing our case successes here.

Final Thoughts

International parental child abduction cases present significant emotional and legal challenges, but the Hague Convention provides a framework for parents to seek justice. Act swiftly is essential if you want to increase your chances of success.

At Masters Law Group, we are committed to helping parents navigate the complexities of Hague Convention cases. With a proven track record and a client-focused approach, our team is dedicated to reuniting families and providing the best outcomes for children. Let us guide you through this challenging time and help bring your child home.

Contact our Hague Convention attorneys today to schedule a consultation. 


Frequently Asked Questions (FAQs)

Q: How long do Hague Convention cases typically take?
A: The Hague Convention aims to resolve cases within six weeks to prevent further disruption to the child’s life. However, delays can occur due to court backlogs, the complexity of the case, or challenges in gathering evidence. Working with the experienced attorneys at Masters Law Group can help streamline the process and avoid unnecessary delays.

Q: What if the child has dual citizenship?
A: Dual citizenship does not affect the protections of the Hague Convention. The key factor is the child’s habitual residence, not citizenship. Masters Law Group can help clarify its impact on your case and ensure your petition aligns with the Convention.

Q: Can I file a Hague Convention case if I don’t have a formal custody order?
A: The Hague Convention recognizes custody rights that arise naturally under the child’s habitual residence laws, even without a formal custody order. However, proving these rights may require additional evidence, such as legal statutes or documentation of parental involvement. Masters Law Group can assist in gathering the necessary proof to establish your custody rights.

Q: What happens if the child refuses to return?
A: If the child is of sufficient age and maturity, the court may consider their objections to returning. However, the court will also examine whether these objections are genuine or influenced by the abducting parent. Masters Law Group has experience handling these sensitive cases and can present evidence to help the child’s voice be heard appropriately and fairly.


Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal guidance related to your case, consult an attorney experienced in Hague Convention matters.

Hague Convention Case Review: Northern District of Illinois / Ireland: Memorandum Opinion and Order

In this recent Hague Convention case that concluded in the Northern District of Illinois, Masters Law Group championed the rights of the petitioner in a challenging international family law matter. 

The case, resolved on August 29, 2024, through a carefully negotiated settlement, highlights the complexity and emotional weight of cross-border parental disputes. This resolution highlights the vital role of international law, particularly the Hague Convention, in helping protect the best interests of children caught between borders.

Case Overview: Northern District of Illinois / Ireland

This Hague Decision revolves around a dispute between the petitioner and the respondent. During a recent video status hearing before Judge Edmond E. Chang, the parties’ counsel, confirmed that they had reached a settlement agreement with the assistance of Masters Law Group attorneys and a magistrate judge. The agreement was detailed in a term sheet submitted to the court.

Key elements of the settlement include the following:

  1. Passport Handover: As part of the settlement, it was agreed that the child’s passport, currently held by the respondent, would be promptly handed over to the petitioner’s counsel. The passport will then be returned to the respondent at the airport on August 31, 2024. The parties agreed to travel back to Dublin, Ireland, on that date.
  2. Next Steps: The court has instructed the petitioner’s counsel to file a status report or a stipulation of dismissal consistent with the settlement agreement’s terms during the week of September 2, 2024. Additionally, a tracking status hearing is scheduled for September 6, 2024. This hearing is to help ensure the settlement is progressing as planned. It’s important to note that no court appearance will be required from the parties.

This settlement reflects the complexity of international parental disputes, where issues of child custody, cross-border travel, and international law converge.

The Role of the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is at the heart of many international parental disputes. It provides a legal framework for promptly returning a child to their country of habitual residence, where custody matters can be properly adjudicated.

In cases like the Northern District of Illinois / Ireland, the Hague Convention is a tool for determining the jurisdictional authority. It also helps ensure that international child abduction does not occur under the guise of custody disputes. The Hague Convention aims to deter international parental child abduction by establishing clear guidelines for the prompt return of the child to their home country, where local courts can then decide custody and visitation issues.

In this case, the settlement terms—including the return of the child’s passport and the agreed travel back to Dublin, Ireland—align with the principles of the Hague Convention. The agreement ensures compliance with international law and helps protect the child’s best interests by facilitating the child’s return to their habitual residence.

The Importance of Legal Guidance in International Custody Disputes

Cases involving international parental disputes, such as the Northern District of Illinois / Ireland, highlight the importance of having legal guidance in navigating complex situations where multiple jurisdictions and international laws intersect. The Hague Convention provides a framework, but the specific circumstances of each case can vary widely, requiring tailored legal strategies.

Working alongside an experienced attorney can help protect a child’s welfare while ensuring compliance with international treaties and local laws. Families facing similar challenges should consult with a Hague Convention attorney with experience in international family law.

Case Results

The court set a tracking status hearing for September 6, 2024, but indicated that no appearance is required. This suggests that the court does not anticipate further issues requiring a hearing. If everything proceeds according to the settlement, the court will record the case as resolved and dismissed.

The settlement agreement promotes a balanced co-parenting arrangement, helping ensure consistent and meaningful contact between the child and both parents. The agreement also encourages cooperation on matters of citizenship and legal concerns. This resolution reflects a collaborative approach to prioritizing the child’s best interests.

READ THE FULL CASE REVIEW HERE.


Hague Convention Law With Masters Law Group

At Masters Law Group, we bring experience handling sensitive international family law cases, including those involving the Hague Convention on the Civil Aspects of International Child Abduction. Our team is committed to helping protect the rights of parents and children involved in cross-border disputes.

Our Hague Convention attorneys, Erin Masters and Anthony Joseph, possess comprehensive knowledge in navigating cases under the Hague Convention, enacted through the International Child Abduction Remedies Act (ICARA). If you are facing child abduction proceedings under the Hague Convention, we are here to help. Contact Masters Law Group today to schedule your complimentary consultation.

Explore our featured Hague Convention case decisions here.

Masters Law Group Case Review: Western District of Michigan/Brazil

At Masters Law Group, we are committed to protecting the rights of parents and children under international law. In our most recent Hague Convention case, we successfully negotiated a favorable resolution for our client, helping ensure the child’s best interests were prioritized.

In this case, which concluded on August 23, 2024, the respondent—represented by Masters Law Group—sought the return of his child, who had been taken from the United States. Masters Law Group, experienced in navigating complex international child custody disputes, recently represented the respondent in a case filed in the Western District of Michigan.

Case Overview: Western District of Michigan / Brazil

On August 23, 2024, the U.S. District Court for the Western District of Michigan approved an agreement between the parties involved. Masters Law Group represented the respondent, who was defending his right to retain his child in the United States. The case concerned whether the child was wrongfully removed or retained from their habitual residence and the appropriate legal remedies to be enforced.

Legal Framework and Key Issues

The Hague Convention on the Civil Aspects of International Child Abduction (“The Hague Convention”) aims to protect children from international abduction by ensuring their prompt return to their country of habitual residence. In this case, the Petitioner sought the return of her child under the Convention, asserting that the child’s removal from Brazil to the United States was wrongful and violated custody rights under Brazilian law.

The primary issue in this case was determining whether the child should be returned to Brazil or if an alternate custody arrangement should be made to serve the child’s best interests. After thorough negotiation, both parties reached a comprehensive stipulation, which the court approved, effectively resolving the dispute. For the reasons stated below, the Court orders that the stipulation be approved and adopted.

The Stipulation Agreement

A stipulation and order is a legal document in which the parties involved in a case agree on certain facts, procedures, or actions and then submit this agreement to the court for approval. Once approved, the stipulation becomes an official court order. The stipulation agreement, in this case, establishes several key provisions to help ensure the well-being of the child and the rights of both parents:

  1. Child Custody: A custody order will be established simultaneously in Brazil and Michigan. The child will live with the mother during the school year and stay with the father during school breaks (summer, winter, and spring).
  2. Visitation and Communication: The father has visitation rights during school breaks in Brazil. The child will communicate daily with the other parent via WhatsApp.
  3. Transportation: Parents will share transportation responsibilities for parenting exchanges. The parent starting their time with the child will handle transportation.
  4. School Arrangements: The child will begin school in Michigan, staying with the father until December 27, 2024. After that, the child will virtually finish the first school semester in Brazil.
  5. Parental Access During Visits: Both parents agree to make the child available for parenting time when the other parent is visiting.
  6. Extracurricular Activities: The child may continue playing soccer while in Brazil.
  7. Passports and Citizenship: Both parents will cooperate in obtaining U.S. and Brazilian passports and dual citizenship for the child.
  8. Attorney Fees: Each parent will be responsible for their attorney fees and costs.
  9. Jurisdiction: The court will retain jurisdiction to enforce the terms until both parties agree to dismiss the matter.

Case Results

The final agreement promotes a balanced parenting arrangement, helping provide consistent contact between the child and both parents. A parenting arrangement helps foster cooperation on citizenship and legal matters. This resolution reflects a collaborative approach to co-parenting, prioritizing the child’s best interests and providing clear guidelines for both parties moving forward. The U.S. District Court for the Western District of Michigan approved and adopted this stipulation as an official court order. Making all agreed-upon terms enforceable under its jurisdiction. 

IT IS HEREBY ORDERED that the above stipulation is approved and adopted as an order of this court.

Date: August 23, 2024.

READ THE FULL CASE HERE.


Navigating International Family Law 

For families facing the complexities of international child custody disputes, it’s crucial to have experienced legal representation. With Masters Law Group by your side, navigating these challenging circumstances becomes more manageable. Your child’s safety is our top priority, and our team of attorneys can help you protect yourself and your children.

Erin Masters and Anthony Joseph have extensive knowledge and experience in cases involving the Hague Convention, enacted through the International Child Abduction Remedies Act (“ICARA”).  They are uniquely positioned to help guide you through the legal process and fight for your child’s return to their rightful home.

 Contact us today to schedule your complimentary consultation.

Check out our featured Hague Decisions here.

Masters Law Group Hague Convention Case Review: The District of Iowa / Mexico

International parental abduction is a complex and emotionally charged issue that affects families worldwide. At Masters Law Group, we are committed to protecting the rights of parents and children under international law. In our most recent Hague Convention case, we succeeded in a landmark ruling in favor of our client.

In this case, which concluded on August 27, 2024, the respondent—represented by Masters Law Group—sought the return of her child, who had been taken from the United States. The Hague Convention helps protect children from international abduction. It allows a parent to petition for the return of their child to the country of habitual residence when wrongful removal or retention occurs.

Legal Framework and Key Issues

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) is designed to protect children from international abduction by helping ensure their prompt return to their habitual residence. To succeed in a petition under the Convention, the petitioner must establish that the child was wrongfully removed from their habitual residence and that the removal violated custody rights under the law of the habitual residence country. In this case, the key issues revolved around determining the child’s habitual residence, whether the petitioner had consented to the child’s removal, and whether returning the child to Mexico would pose a grave risk to their safety.

For the reasons stated below, the Court ACCEPTS and ADOPTS the Report and Recommendation. The Amended Petition is DENIED. [ECF No. 5].

Case Overview

The parties’ relationship began in 2015, and they have since lived in various states in the U.S. before relocating to Mexico in 2023. In November 2023, the respondent took the child back to the United States, citing concerns for their safety, and sought a protective order against the petitioner. The order, granted by an Iowa state court, effectively barred the petitioner from contact with the respondent and their child, E.L.S., until November 2024, requiring the child to remain in Iowa. This led to the petitioner filing under the Hague Convention, claiming that the child was wrongfully removed from Mexico, the country of habitual residence.

Case Background

The court found that the child’s habitual residence was in the United States, not Mexico. Although the family had lived in Mexico briefly, the court determined that the child had not fully acclimated to life there. Factors such as the child’s young age, the short duration of residence in Mexico, and the family’s strong ties to the United States played a crucial role in this determination. The court concluded that the child was more “at home” in the United States, where she had spent most of her life.

The court examined whether the petitioner had consented to the child’s retention in the United States. The protective order issued by the Iowa state court, to which the petitioner had consented, included a provision that the child was to remain in Iowa until further orders. The court interpreted this consent as a concession to the child’s retention in the United States.

The respondent argued that returning the child to Mexico would expose her to a grave risk of physical or psychological harm due to the domestic violence she had experienced from the petitioner. The court found sufficient evidence of such a risk, considering the documented history of violence between the parties. The court concluded that returning the child to Mexico would indeed place her in an intolerable situation.

Case Results

After reviewing the evidence and legal arguments, the court accepted and adopted the Report and Recommendation. The court ruled that the petitioner had not proven that Mexico was the child’s habitual residence and that the child was wrongfully removed. Additionally, the defenses of acquiescence and grave risk were sufficiently established. As a result, the court denied the Amended Petition for the Return of the Child to Mexico.

The case is hereby closed.

Date: August 27, 2024.

READ THE FULL CASE REVIEW HERE.


Hague Convention Law With Masters Law Group

Erin Masters and Anthony Joseph have vast knowledge and experience with the Hague Convention, which was enacted through the International Child Abduction Remedies Act (“ICARA”). Parents whose child has been wrongfully removed from or retained in the United States must petition for the child’s return.

If you are facing child abduction proceedings under the Hague Convention, Masters Law Group can help. Contact us today to schedule a consultation.

Check out our featured Hague Decisions here.

Hague Convention Attorney: Helping Families Across the Globe

International parental disputes can pose significant legal challenges in today’s interconnected world. With 91 U.S. Hague Convention Treaty Partners in 2024, it protects children and their parents from the harmful effects of wrongful international abductions.

If you are facing the possibility of international parental child abduction or have urgent questions, this guide will help you understand how a Hague Convention attorney can assist you. Here’s what you need to know.

WHAT IS THE HAGUE CONVENTION?

The Hague Convention on Civil Aspects of International Child Abduction was enacted into law through the International Child Abduction Remedies Act (ICARA).

The original Hague Conventions of 1899 and 1907 were large international treaties that set rules for countries to follow during war. Since then, more Hague conventions have occurred, and the Hague Conference on Private International Law (HCCH) was created to establish and support international laws.

Different countries have signed and agreed to each part of the Hague Conventions, so there isn’t a single list of countries that are part of all of them. However, as of March 2022, the HCCH includes 91 permanent members: 90 countries (most of which are also United Nations members) and the European Union. To date, the United States partners with 68 other countries under the Hague Abduction Convention. The full list is available at the bottom of the page.

There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to help ensure that judicial and extrajudicial documents are brought to the addressee’s attention in sufficient time.
  • Help improve the organization of mutual judicial assistance.

HOW DOES THE HAGUE CONVENTION WORK?

Understanding the Hague Convention is crucial for families facing international parental disputes. This international treaty helps resolve cases where a child is wrongfully taken or kept in another country. In 2023, the Hague Convention successfully returned children in about 39% of cases  (2,180 applications to have a child (or children) returned under the Convention). Understanding this process can help protect your rights and help ensure that your child’s well-being is prioritized.

If your child is taken to another country without your permission, the Hague Convention provides a process to seek their return. Here’s how it works:

  1. File a Petition: Contact the central authority in your country to file a petition under the Hague Convention. They will guide you through the process.
  2. Legal Proceedings: The Central Authority contacts its counterpart in the country where the child is located, and legal proceedings are initiated.
  3. Court Hearing: A court in the country where the child is found will determine if the child was wrongfully removed or retained.
  4. Return Process: If the court finds that the removal was wrongful, it will order the child’s return to their country of habitual residence.

EXCEPTIONS TO IMMEDIATE RETURN

The Hague Convention provides a framework for the return of wrongfully removed or retained children. However, there are specific exceptions to the immediate return of a child, aimed at addressing various circumstances where returning the child might not be in their best interest. Here are the key exceptions:

  • Grave Risk: The court may refuse to return the child if there is evidence that the return would endanger the child’s health or safety. This can include situations where the child might face abuse, neglect, or severe emotional distress. Evidence of such risks must be substantial and specific to the circumstances of the case.
  • Passage of One Year: If more than a year has elapsed since the wrongful removal or retention, and the child is well-settled in their new environment, the court may decide that returning the child is not in their best interest. The court assesses whether the child has adapted to their new surroundings and whether a return would disrupt their stability.
  • Petitioner Not Exercising Custodial Rights: If the petitioner has not been actively fulfilling their custodial responsibilities or has not sought to exercise their rights in the country of habitual residence, the court may consider this in its decision. The focus is on whether the petitioner’s actions align with the parental responsibilities and rights defined by custody arrangements. 

WHAT FAMILIES SHOULD KNOW

Families across the globe need to understand the importance of the Hague Convention when they find themselves involved in international parental disputes. If you find yourself in this situation, here are some tips you can follow.

  • Prompt action is crucial: If you believe your child has been wrongfully removed or retained in a Hague Convention country, it is essential to act promptly. Initiating legal proceedings increases the chances of a successful resolution.
  • Contact the central authority: In the United States, the Office of Children’s Issues within the U.S. Department of State is the foremost authority for Hague Convention matters. They can provide valuable information, resources, and assistance in locating and returning your child.
  • Gather evidence: It is essential to gather evidence demonstrating your child’s habitual residence and the wrongful removal or retention. Documentation such as birth certificates, parental orders, and communication records can strengthen your case.
  • Consulting with a family law attorney: A family law attorney with experience in Hague law matters is highly recommended. They can guide you through the legal process and help you navigate the complexities of the Hague Convention.

WORKING WITH A HAGUE CONVENTION ATTORNEY

Working with a Hague Convention attorney can greatly improve your chances of resolving a parental dispute efficiently and effectively. They can help you navigate the legal process and advocate for your rights and interests. One major advantage of working with the Hague Convention attorneys at Masters Law Group is their experience in mediation and negotiation. Their experience can help resolve disputes without going to court by encouraging constructive discussions and finding agreeable solutions.

At Masters Law Group, we understand the complexities of international parenting disputes and the importance of finding solutions. We prioritize clear communication with our clients to address your concerns and keep you informed throughout the legal process.

FINAL THOUGHTS

Understanding the Hague Convention and its implications is vital for U.S. families dealing with international child abduction cases. Erin Masters and Anthony Joseph have extensive knowledge in handling cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. Let our Hague Convention attorneys help you navigate international child abduction cases with confidence and care.

To demonstrate our competence, here are a few recent Hague decisions we have successfully managed:

Contact us today to schedule your complimentary consultation.

HAGUE CONVENTION COUNTRIES

Below you will find an overview of all the countries that have signed the Hague Convention. Here you can find whether the Hague Convention applies between two other countries.

Country Convention State Date
Afghanistan No
Albania Yes 01-10-2007
Algeria No
Andorra Yes 01-10-2015
Angola No
Antigua and Barbuda No
Argentina Yes 01-06-1991
Armenia Yes 01-04-2016
Aruba No
Australia Yes 01-09-1990
Austria Yes 01-09-1990
Azerbaijan No
Bahamas Yes 01-02-1994
Bahrain No
Bangladesh No
Barbados No
Belarus Yes 01-05-1995
Belgium Yes 01-05-1999
Belize Yes 01-09-1990
Benin No
Bhutan No
Bolivia Yes 13-07-2016
Bosnia and Herzegovina Yes 23-08-1993
Botswana No
Brazil Yes 01-04-2002
Brunei No
Bulgaria Yes 01-02-2004
Burkina Faso Yes 01-09-1992
Burundi No
Cambodia No
Cameroon No
Canada Yes 01-09-1990
Cape Verde No
Central African Republic No
Chad No
Chile Yes 01-07-1994
China (see Hong Kong or Macao) No
Colombia Yes 01-09-1998
Comoros No
Costa Rica Yes 01-04-2002
Croatia Yes 05-04-1993
Cuba No
Curaçao Yes 01-02-2024
Cyprus Yes 01-03-1995
Czech Republic Yes 01-03-1998
Democratic Republic of Congo No
Denmark Yes 01-07-1991
Djibouti No
Dominica No
Dominican Republic Yes 01-01-2005
East Timor No
Ecuador Yes 01-05-1992
Egypt No
El Salvador Yes 01-04-2002
Equatorial Guinea No
Eritrea No
Estonia Yes 01-04-2002
Ethiopia No
Fiji Yes 01-04-2003
Finland Yes 01-08-1994
France (including overseas territory) Yes 01-09-1990
Gabon Yes 01-04-2011
Gambia No
Georgia Yes 01-11-1997
Germany Yes 01-12-1990
Ghana No
Greece Yes 01-06-1993
Grenada No
Guatemala Yes 01-05-2002
Guinea-Bissau No
Guinea Yes 01-07-2012
Guyana No
Haiti No
Honduras Yes 01-06-1994
Hong Kong (China) Yes 01-09-1997
Hungary Yes 01-09-1990
Iceland Yes 01-12-1996
India No
Indonesia No
Iran No
Iraq No
Ireland Yes 01-10-1991
Israel Yes 01-12-1991
Italy Yes 01-05-1995
Ivory Coast No
Jamaica Yes 24-02-2017
Japan Yes 01-04-2014
Jordan No
Kazakhstan Yes 01-11-2014
Kenya No
Kiribati No
Kosovo No
Kuwait No
Kyrgyzstan No
Laos No
Latvia Yes 01-04-2002
Lebanon No
Lesotho Yes 01-12-2012
Liberia No
Libya No
Liechtenstein No
Lithuania Yes 01-10-2004
Luxembourg Yes 01-09-1990
Macau (China) Yes 01-03-1999
Madagascar No
Malawi No
Malaysia No
Maldives No
Mali No
Malta Yes 01-04-2002
Marshall Islands No
Mauritania No
Mauritius Yes 01-08-1993
Mexico Yes 01-10-1991
Micronesia No
Moldova Yes 01-04-2002
Monaco Yes 01-03-1993
Mongolia No
Montenegro Yes 30-06-2006
Morocco Yes 01-06-2010
Mozambique No
Myanmar (Burma) No
Namibia No
Nauru No
Nepal No
New Zealand Yes 01-09-1991
Nicaragua No
Niger No
Nigeria No
North Korea No
North Macedonia Yes 02-09-1993
Norway Yes 01-09-1990
Oman No
Pakistan No
Palau No
Palestinian Territories No
Panama Yes 01-06-1994
Papua New Guinea No
Paraguay Yes 01-04-2002
Peru Yes 01-05-2002
Philippines Yes 01-03-2023
Poland Yes 01-11-1992
Portugal Yes 01-09-1990
Puerto Rico No
Qatar No
Republic of Congo No
Romania Yes 01-03-1993
Russia Yes 01-04-2016
Rwanda No
Saint Kitts and Nevis Yes 01-10-1994
Saint Lucia No
Saint Martin (Dutch part) No
Saint Martin (French part) Yes 01-09-1990
Saint Vincent and the Grenadines No
Samoa No
San Marino Yes 01-04-2018
Sao Tome and Principe No
Saudi Arabia No
Senegal No
Serbia Yes 26-04-2001
Seychelles Yes 01-04-2016
Sierra Leone No
Singapore Yes 01-10-2015
Slovakia Yes 01-02-2001
Slovenia Yes 01-07-1994
Solomon Islands No
Somalia No
South Africa Yes 01-11-1997
South Korea Yes 01-04-2017
Spain Yes 01-09-1990
Sri Lanka Yes 01-04-2002
Sudan No
Suriname No
Swaziland No
Sweden Yes 01-09-1990
Switzerland Yes 01-09-1990
Syria No
Tadjikistan No
Tanzania No
Thailand Yes 01-12-2002
Togo No
Tonga No
Trinidad and Tobago Yes 01-06-2002
Tunisia Yes 01-03-2023
Turkey Yes 01-08-2000
Turkmenistan Yes 01-05-1998
Tuvalu No
Uganda No
Ukraine Yes 01-02-2007
United Arab Emirates No
United Kingdom Yes 01-09-1990
United States Yes 01-09-1990
Uruguay Yes 01-01-2002
Uzbekistan Yes 01-04-2002
Vanuatu No
Vatican No
Venezuela Yes 01-01-1997
Vietnam No
Yemen No
Zambia No
Zimbabwe Yes 01-11-1995

Parental Child Abduction: Where to Turn for Help

Parental child abduction is a heart-wrenching ordeal that can leave the left-behind parent feeling helpless and distraught. This situation occurs when one parent unlawfully takes or keeps a child away from the other parent. 

Every family dynamic is unique, making each parental abduction case complex. Despite these complexities, there are essential steps to follow that can help reunite families and bring abducted children home safely. Actions such as contacting law enforcement, notifying the courts, and working with a child abduction attorney can help lay the foundation for a coordinated response. Here’s what you need to know.

Understanding Parental Child Abduction

Parental child abduction occurs when one parent unlawfully takes their child from the other parent, often without legal authorization or against the court’s custody order. This act can lead to serious legal repercussions for the abducting parent. It’s crucial to recognize that parental child abduction constitutes a violation of both state and federal laws in many countries. 

There’s a common misconception that parental child abductions are less harmful because the child is with a parent or family member. However, legal systems typically view parental child abduction seriously, imposing consequences such as criminal charges, fines, and imprisonment for the abducting parent. Let’s take a deeper look at some risks to be aware of to help prevent parental child abduction.

Knowing The Risks

There are certain traits and characteristics of offending parents that make it easier to spot if they are capable of child abduction. 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 more aware of. Here are some examples below:

  • Parents who have threatened to abduct their children and have done so before pose a significant risk.
  • Parents who believe their children are being abused and have a support group that shares this belief are more likely to abduct.
  • Parents with paranoia or sociopathic tendencies may be at higher risk of abducting their children.
  • Parents with strong ties and family support in another country might consider abduction as a viable option.
  • Parents who are frustrated with the United States legal system and have supportive family and friends are also at risk of abducting their children.

When a child is abducted, the consequences can be severe for both the child and the left-behind parent. It is crucial to act swiftly and decisively to help ensure the child’s safe return. By recognizing these signs, you can be better prepared to help prevent the unimaginable from happening.

Immediate Steps to Take

Federal law prohibits law enforcement from establishing a waiting period before accepting a missing child report. It requires law enforcement agencies to respond in a specific way, regardless of why a child is missing. If you suspect or confirm that your child has been abducted by their other parent, taking immediate action is vital. Here are some steps to follow:

  1. Contact Law Enforcement: Report the abduction to your local police department. Provide them with all relevant information, including custody orders, recent photos of the child, and details about the abductor.
  2. Notify the Courts: Inform the family court that issued the custody order about the abduction. They can issue emergency orders and work with law enforcement to locate your child.
  3. Reach Out to the National Center for Missing & Exploited Children (NCMEC): NCMEC provides resources and assistance in locating missing children and can work with law enforcement agencies on your behalf.
  4. Contact the U.S. Department of State (for International Cases): If you believe your child has been taken abroad, the Office of Children’s Issues can provide support and guidance on international child abduction cases.

By collaboratively taking these measures, we can collectively contribute to helping protect the safety and well-being of all children. Additionally, seeking guidance from a child abduction attorney with Hague Convention case experience can help navigate such challenging situations.

How a Child Abduction Attorney Can Help

Navigating the legal complexities of parental child abduction requires adept guidance. When you partner with an experienced child abduction attorney, such as those at Masters Law Group, you gain the support needed to advocate for your family’s best interests. Here are some of the ways they can help:

  1. Legal Experience: Child abduction attorneys have immense experience in family law and have in-depth knowledge of both state and federal laws governing parental responsibilities and child abduction. They can help you understand your rights and the legal remedies available.
  2. Emergency Court Orders: A child abduction attorney can swiftly file emergency motions to secure the return of your child, including requesting the issuance of a warrant for the abductor’s arrest if necessary.
  3. Coordination with Authorities: Your child abduction attorney can work closely with law enforcement agencies, NCMEC, and international authorities to help expedite the process. Their experience in dealing with such agencies can significantly enhance the efficiency and effectiveness of these efforts.
  4. Interstate and International Cases: Child abduction cases that cross international borders involve additional legal hurdles. Attorneys with experience in the Hague Convention on the Civil Aspects of International Child Abduction can help navigate these complexities on your behalf.
  5. Negotiation and Mediation: In some cases, negotiation or mediation with the abducting parent may be necessary to resolve the situation amicably. A skilled child abduction attorney can represent your interests and work towards a resolution prioritizing the child’s well-being.

Final Thoughts

Parental child abduction is a distressing experience, but knowing where to turn for help and having a knowledgeable child abduction attorney by your side can make a significant difference. At Masters Law Group, our team of knowledgeable attorneys is here to help you through this process. 

Erin Masters and Anthony Joseph have extensive experience in cases involving international parental disputes in courts located in the State of Illinois and the United States federal court system. If you find yourself in this unfortunate situation, don’t hesitate to reach out. Our attorneys can help guide you through the process and work towards a swift and safe resolution. 

See our Featured Hague Decisions here:

Contact us today to set up your complimentary consultation.

Hague Convention Attorneys in Action

At Masters Law Group, our Hague Convention attorneys have extensive experience handling complex international disputes.

Navigating international family law can be complex and challenging, especially when it comes to child abduction disputes. The Hague Convention on the Civil Aspects of International Child Abduction, aka the Hague Convention, is an international treaty that protects children from parental abduction across international borders. This blog will highlight rulings demonstrating the Convention’s effectiveness in resolving cross-border disputes.

Join us as we explore the legal framework, showing how it translates into real-world victories and how our Hague Convention attorneys can assist you. Here’s what you need to know.

UNDERSTANDING THE HAGUE CONVENTION

The Hague Convention on Civil Aspects of International Child Abduction was enacted into law through the International Child Abduction Remedies Act (“ICARA”). It provides that a parent whose child has been wrongfully removed from the U.S. can petition for the child’s return to their country of habitual residence. Each country appoints central authorities to help resolve these disputes. As of 2024, there are 91 countries involved in the Hague Convention.

Families need to understand the importance of the Hague Convention when they find themselves involved in international disputes. Here are some tips to follow if you find yourself in this situation:

  • Prompt action is crucial: If you believe your child has been wrongfully removed or retained in a Hague Convention country, it is essential to act promptly. Initiating legal proceedings increases the chances of a successful resolution.
  • Contact the central authority: In the United States, the Office of Children’s Issues within the U.S. Department of State is the foremost authority for Hague Convention matters. They can provide information, resources, and assistance locating and returning your child.
  • Gather evidence: It is essential to gather evidence demonstrating your child’s habitual residence and the wrongful removal or retention. Documentation such as birth certificates and communication records can strengthen your case.
  • Consulting with a family law attorney: A family law attorney with experience in Hague law is recommended. They can guide you through the legal process and help you navigate the complexities of the Hague Convention.

Dealing with international disputes can be emotionally demanding, so preparing for the challenges is essential. Working with a Hague Convention attorney can provide valuable support. Now, let’s explore some recent Hague Convention cases to see how these principles are applied in real-world situations.

CASE 1: DISTRICT OF COLORADO / COLOMBIA: AGUIRRE

In our most recent case that concluded on February 20, 2024, the husband – represented by Masters Law Group –  filed a petition to return his two children. His children were taken from his residence in Colombia to the United States by their mother. The parties were married in the United States in 2012 and lived together in Colombia. 

The Respondent took the children to the U.S. for a family reunion but faced delays in their passport renewal. This case arises under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction.

This Act allows a person whose child has been removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child. The court would later find in favor of the Petitioner, concluding that the Respondent wrongfully retained the children and dismissing her claim of grave risk of harm. The Petitioner’s request for the return of the children to Colombia is granted.

CASE 2: EASTERN DISTRICT OF WISCONSIN / MEXICO: HINNENDAEL

In the Eastern District of Wisconsin / Mexico, Hinnendael, the father of the children (Petitioner), sought to relocate his children back to the United States from Mexico against the other parent’s wishes.

The court found that returning the children would subject them to a grave risk of psychological harm or otherwise place them in an intolerable situation. Accordingly, the retention of children in the United States was not wrongful within the meaning of the Convention. The petition was denied, and this action was dismissed.

By invoking the Hague Convention, our attorneys successfully advocated for the children. This case helps highlight the effectiveness of the Hague Law in resolving child abduction cases and prioritizing the children’s welfare.

CASE 3: NORTHERN DISTRICT OF ILLINOIS / NEW ZEALAND: H.O.

In the Northern District of Illinois / New Zealand, Ho, the husband – represented by our firm –  filed a petition for the return of his child. The child was taken from his residence in New Zealand to the United States by his wife – the mother of the child. As relevant here, the Hague Convention provides that a parent whose child has been wrongfully removed or retained in the United States may petition for the child’s return to their country of habitual residence.

By agreement of the parties and as required by the Convention, the court concludes that the child was a habitual resident of New Zealand at the time of the wrongful retention in the United States. The Petitioner exercised parental responsibility rights under New Zealand law, and this case did not establish the “grave risk” exception.

The court granted the petition for the child’s return to New Zealand and allowed an approximate one-week period to avoid any abrupt transition for the child. This case demonstrated the Hague Law’s role in helping ensure fairness, predictability, and respect for due process in international child abduction cases.

CASE 4:NORTHERN DISTRICT OF ILLINOIS / LITHUANIA: SULCAITE

In the Northern District of Illinois / Lithuania, Sulcaite Masters Law Group helped resolve the wrongful removal of children. The courts considered the parents’ last shared intent to their child’s country of residence.

The Respondent and the Petitioner agreed that their children would reside in Chicago temporarily. After three years, they were to return to Lithuania, their country of origin.

However, as time passed, the children became acclimated to their new life in the United States. Their mother’s remarriage and new baby created a strong family bond, and Chicago gradually became their familiar home. Considering these factors, the court denied the Petitioner for the children’s return. The decision reflected a recognition of the children’s well-being and stability, prioritizing their best interests.

This case showcases the effective advocacy of our Hague Convention attorneys in navigating complex international disputes. The legal team successfully obtained a favorable outcome for the parties involved by presenting compelling evidence.

CASE 5: NORTHERN DISTRICT OF CALIFORNIA / CYPRUS: EFTHYMIOU V. LABONTE

In the Northern District of California / Cyprus, the husband – represented by Masters Law Group –  filed a petition to return his child, who was taken from Cyprus to the United States by his wife – the child’s mother. The child’s father (Petitioner) had full parental rights to the child since his parents’ separation in 2014. The minor came to the United States for a six-week visit with his mother (Respondent) in California. At the end of the visit, the Petitioner came to collect his son but was unsuccessful.

Nearly one week after the scheduled meet-up went awry, the child’s father filed a Hague Convention plea. The court granted the petition and ordered the child to return to Cyprus in the custody of his father. In addition, the court did not impose a longer stay without agreement from both sides. The court ultimately ordered the return of a child under an action under U.S.C.S.C. § 9003.

These cases showcase our commitment to navigating international child abduction disputes and achieving favorable outcomes for our clients.

WORK WITH OUR HAGUE CONVENTION ATTORNEYS

The Hague Convention continues to play a pivotal role in reuniting families affected by parental child abduction. At Masters Law Group, we understand the complexities of international child abduction disputes and the importance of finding a resolution that aligns with your objectives.

Our Hague Convention attorneys will tirelessly advocate for your interests and work towards a favorable outcome. We prioritize open communication with our clients and strive to provide personalized attention to address your concerns.

To learn more about how we can help you, schedule your complimentary consultation today.

Every Parent’s Nightmare: International Parental Child Abduction

The thought of coming home from a long and hard day at the office only to discover that the unthinkable has happened – your foreign-born spouse has left the country and taken your child with them – is a devastating reality for a rising number of parents across the globe. If you are facing such a high-stakes and frightening scenario, here’s what you should know.

In this blog, we will explore five important pieces of information that help shed light on the legal, emotional, and practical aspects. Additionally, we’ll discuss how a child abduction attorney can be a lifeline in these challenging circumstances, offering advice and support throughout the process. 

1. Understanding International Parental Child Abduction

International parental child abduction occurs when one parent unlawfully takes their child from the other parent, often without legal authorization or against the court’s custody order. This act can lead to serious legal repercussions for the abducting parent. It’s crucial to recognize that parental child abduction constitutes a violation of both state and federal laws in many countries. 

There’s a common misconception that parental child abductions are less harmful because the child is with a parent or family member. However, legal systems typically view parental child abduction seriously, imposing consequences such as criminal charges, fines, and imprisonment for the abducting parent. Efforts are made to prioritize the child’s best interests and help ensure their safety in such circumstances.

2. Understanding its Impact on Families

According to the Office of Juvenile Justice and Delinquency Prevention, 230,600* children are kidnapped by a family member each year. Several factors may contribute to international parental child abduction, including parental responsibility disputes, domestic violence, fear of losing access to the child, or cultural differences regarding parental rights. Abductions can occur during or after divorce or separation, and the motivations can vary widely depending on the specific circumstances of each case.

When a child is taken, the emotional and psychological toll on them is profound. The sudden separation from one parent and the uncertainty of their well-being can lead to severe distress, affecting the child’s well-being and development for years to come. The abducting parent may face serious legal consequences, including criminal charges, fines, and the possibility of imprisonment. Moreover, their actions could significantly diminish their chances of obtaining parental responsibilities in future court proceedings. If you find yourself in this situation, getting help from a child abduction attorney can help you protect your child’s best interests.

3. Navigating International Parental Child Abduction Procedures

Being familiar with the legal procedures related to international parental child abduction is crucial for taking swift action. The Hague Convention on the Civil Aspects of International Child Abduction is a key framework in addressing these cases.

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 their country of habitual residence. This treaty involves over 91 countries and has designated Central Authorities from member countries to facilitate communication between nations handling abduction cases.

Child abduction attorneys with experience in international family law serve as valuable resources when navigating the Hague Convention. They can guide parents through the complexities of these procedures and help advocate for their children’s best interests.

4. Preventing Parental Child Abduction

Despite the existence of international treaties such as the Hague Convention, resolving cases of international parental child abduction can be challenging due to differing legal systems and varying interpretations of parental responsibilities. Some countries may not be part of the Hague Convention, making the recovery of abducted children more complex. Parents can take proactive steps to reduce the risk of abduction:

  • Establish a Parenting Plan: Without a parenting plan, no official documentation exists specifying where a child should be at any given time. This legal void can lead to situations where parents can, without repercussion, abandon their children or take them away without the explicit consent of the other parent, especially across international borders.
  • Document Parenting Arrangements: Keeping detailed records of parenting schedules can help resolve disputes and prevent the unauthorized removal of the child.
  • Establish Clear Communication: Maintain open and constructive communication with the other parent. Agree on communication methods and regular updates about the child’s well-being to foster trust and reduce conflict.

Consult a child abduction attorney to navigate complex legal situations across different jurisdictions. By taking proactive measures and staying informed, parents can significantly lower the risk of international parental child abduction and protect their children’s well-being.

5. How a Child Abduction Attorney Can Help

A child abduction attorney can be extremely helpful in cases involving the abduction of a child/children by one parent. When you partner with an experienced attorney, such as those at Masters Law Group, you gain the support needed to advocate for your family’s best interests. Here are some of the ways they can help:

Child abduction attorneys understand the emotional toll these cases can take on parents and children. With their help, you can better navigate the legal system and work toward a resolution protecting your family’s well-being.

Last Thoughts

International parental child abduction is a distressing reality faced by many families globally. The Hague Convention can be valuable for resolving abduction cases involving international borders and prioritizing their well-being. If you or someone you know is affected by this issue, seeking legal assistance and support is advised to navigate this area of international family law effectively. 

At Masters Law Group, our team of knowledgeable attorneys is here to help you through this process. Erin Masters and Anthony Joseph have extensive experience in cases involving international parental disputes in courts located in the State of Illinois and the United States federal court system. 

To learn more about our featured Hague Convention Decisions, see here:

Contact us today to schedule a consultation.

Demystifying the Hague Convention: Essential FAQs Answered

The nightmare of having your child taken across borders is a frightening reality for a growing number of parents across the globe. Under the Hague Convention, solutions are provided for parents who seek the return of their child to their country of habitual residence.

International Parental Child Abduction is an act of illegally taking a child from their residing home by one of the parents across international borders. If you suspect the possible scenario of International Parental Child Abduction in your family, here are some questions and answers that can provide valuable insight.

1. What is the Hague Convention?

The Hague Convention was enacted into law through the International Child Abduction Remedies Act (ICARA). This law provides help to parents whose child or children have been wrongfully removed from or retained in their custody. They may petition for the child’s return to their country of habitual residence.

This Hague treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December 1983. There are over 93 countries that participate in the treaty. This treaty governs the way other countries’ legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to help ensure 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.

2. What Is “Wrongful Removal” Under The Hague Convention?

Deciding whether to file a Hague application is a big decision. It depends on the specific circumstances of each case. A wrongful removal or retention of a child is considered illegal if it violates your custodial rights and you were exercising those rights at the time of the removal or retention.

In order for the Hague Convention to apply, it must have been in force between the two countries when the wrongful removal occurred. When a country joins the Convention, it doesn’t automatically partner with all countries that have ratified or joined it. Instead, countries must accept another country’s accession to the Convention before forming a treaty partnership.

3. How Can A Hague Lawyer Help?

A Hague Convention lawyer has experience handling cases related to international child abduction and custody disputes governed by the Hague Convention. They possess in-depth knowledge of the Convention’s provisions, procedures, and legal precedents, enabling them to navigate the complexities of your case effectively. Here’s how a Hague lawyer can assist you:

  • International Legal Aid: Hague lawyers often have established networks of lawyers and resources worldwide, facilitating communication and collaboration across international borders.
  • Negotiation and Mediation: A Hague lawyer can represent your interests during negotiations. Reaching an amicable resolution through negotiation or mediation is preferable to lengthy court proceedings.
  • Court Representation: If your case proceeds to court, your Hague lawyer will advocate on your behalf, presenting compelling arguments and evidence to support your child’s return to their country of habitual residence.

4. How Long Is The Hague Convention Process?

Contrary to common belief, the Hague Convention doesn’t guarantee the automatic return of a child in every case. While it provides a legal framework for facilitating such returns, various circumstances, defenses, and exceptions may complicate matters. Some cases can be resolved relatively quickly, within weeks or months.

While others may drag on longer, especially if they involve complex legal proceedings or appeals, one exception is when there are genuine concerns about the child’s safety or well-being. In such cases, the Hague Convention prioritizes the child’s welfare and safety. Working with a Hague lawyer can help you understand what steps to take to get the swift and safe return of your child.

5. What Steps Should I Take If My Child Has Been Wrongfully Taken?

Discovering that your child has been wrongfully taken across borders is a harrowing experience. Acting swiftly and decisively is crucial if you are in this unfortunate situation. Here are essential steps to consider as you navigate this distressing ordeal:

  • Consult with a Hague Lawyer: Seek legal advice from a Hague Convention lawyer. They can assess your case and guide you through the legal process.
  • File a Hague Application: Depending on your country of residence, you may need to apply the Hague Convention through the appropriate central authority. Your lawyer can assist you with completing and submitting the necessary documentation.
  • Gather Evidence: Collect evidence supporting your claim. This includes documentation of your custody rights, evidence of the child’s habitual residence, and communication with the other party regarding the abduction.
  • Cooperate with Authorities: Work closely with law enforcement, central authorities, and Hague lawyers involved in your case. Provide them with any requested information or assistance to facilitate the prompt resolution.

Finding Legal Representation

Selecting a Hague lawyer familiar with state, federal, and international laws is crucial. Masters Law Group attorneys Erin Masters and Anthony Joseph have years of experience handling Hague Convention cases. Our experience in the Hague Convention field shows our competence in providing legal counsel for these stressful scenarios.

For more information, here are a few of our highlighted Hague Convention cases:

Contact our office today to schedule your consultation.

MASTERS LAW GROUP HAGUE CONVENTION CASE REVIEW: THE DISTRICT OF COLORADO/COLUMBIA

International parental abductions have been reported in countries all over the world. In one of our most recent Hague Convention cases, the attorneys at Masters Law Group succeeded in this landmark ruling in favor of our client.

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.

In our most recent case that concluded on February 20, 2024, the husband – represented by Masters Law Group –  filed a petition for the return of his two children, who were taken from his residence in Colombia to the United States by his wife – the mother of the children. As relevant here, the Hague Convention provides that a parent whose child or children have been wrongfully removed or retained in the United States may petition for the child’s return to his or her country of habitual residence.

CASE OVERVIEW

Before the Court is Petitioner’s Verified Complaint and Petition for Issuance of a Show Cause Order and for Return of Minor Children to Colombia (D. 1). The Court held a bench trial on February 14-16, 2024, with both parties physically present and testifying. The Court GRANTED the petition for the following reasons.

Case Background

This case involves a Hague Convention petition for the return of two minor children born in Colombia to a Colombian citizen petitioner and a United States citizen respondent. The parties were married in the United States in 2012 and lived together in Colombia. The respondent, a full-time childcare provider, took the children to the U.S. for a family reunion but faced passport renewal delays. The Petitioner acquiesced to the extended stay. Despite attempts to attend mediation remotely, The Petitioner canceled, insisting it be rescheduled upon their return to Colombia.

This case arises under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction.

The Act entitles a person whose child has been removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child.

CASE RESULTS

The Court finds in favor of the Petitioner, concluding that the Respondent wrongfully retained the children and dismissing her claim of grave risk of harm. The Petitioner’s request for the return of the children to Colombia is granted.

Respondent is ordered to ensure the children’s return to Colombia within 28 days, by March 20, 2024, either with herself or an authorized caregiver. Seven days before their departure, Respondent must provide details of the return flight to the Petitioner.

Petitioner may seek reimbursement for expenses following Federal Rule of Civil Procedure 54(d)(1) and D.C.COLO.LCivR 54.1. Respondent is liable for costs, legal fees, and transportation unless proven clearly inappropriate.

The case is hereby closed.

Date: February 20, 2024.

READ THE FULL CASE REVIEW HERE.

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HAGUE CONVENTION – INTERNATIONAL CHILD ABDUCTION LAW WITH MASTERS LAW GROUP

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.

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”) 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.

SCHEDULE A CONSULTATION

If you are faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction in the United States, work with the experienced lawyers at Masters Law Group. Contact us here today to schedule a consultation.