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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.

Do Parental Responsibilities Fall Under The Hague Convention?

Parental responsibility cases can be emotionally challenging and legally complex, especially when situations arise that involve parental child abduction. When family disputes span across national or international borders, the Hague Convention can prove a valuable resource for the parent left behind.

While the main goal of the Hague Convention is to secure the prompt return of children wrongfully removed to or retained in any country (which is not the child’s country of habitual residence), it does not affect or impact the decision-making process regarding custody issues (allocation of parental responsibilities), nor does it focus on the underlying merits of a custody dispute. Rather, it determines under what circumstances a child should be returned to a country for custody proceedings under that country’s laws.

Understanding how this convention applies to parental responsibility cases is crucial for parents recently filing for divorce or separation who have international connections. Unfortunately, some parents never accept the divorce and purposely cause problems, sometimes by taking their child far away from the other parent. 

PARENTAL RESPONSIBILITY AND PARENTING PLANS

In Illinois, the landscape of parental arrangements has evolved. “Allocation of Parental Responsibilities” includes the division of decision-making responsibility, previously known as “legal custody,” and parenting time, previously known as “visitation,” amongst the parties.  Parenting plans outline the schedule dictating a child’s interactions with each parent after a divorce or separation. 

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. In the state of Illinois, according to 720 ILCS Sec. 10-5(b)(6), a parent can abduct their child if, absent a custodial order/parenting plan, “knowingly conceals” a child “for 15 days and fails to make reasonable attempts within the 15 days to notify the other parent.” Let’s take a look at how Illinois grants custody.

HOW ILLINOIS GRANTS 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 arrangements. They aim to confirm that the child maintains a strong and healthy relationship with both parents.

They consider the child’s age, needs, and each parent’s ability to provide a safe environment. The court may select a mother over a father if the father negatively impacts the child or vice versa. Having clear guidelines and agreements can help establish stability and promote effective co-parenting. If you are a parent facing international parental child abduction, or feel your family is at risk of such an event, let’s look at how the Hague Convention could help.

“RIGHTS OF CUSTODY” UNDER THE HAGUE CONVENTION

As previously mentioned, the Convention does not affect or impact the decision-making process regarding custody issues (allocation of parental responsibilities), nor does it focus on the underlying merits of a custody dispute. However, it aims to secure the prompt return of children who have been wrongfully removed to or retained in any contracting state and distinguishes between the remedies available to protect “rights of custody” and “rights of access.”

  • “Rights of custody” includes rights relating to the care of the child and the right to determine the child’s place of residence.
  • “Rights of access” includes the right to take the child for a period of time – Article 5(a).

The Convention protects rights of access without an order of return, but in some circumstances, an “access parent” may be considered to hold rights of custody and thus be entitled to an order for the child’s return under the Convention.

PROTECTING PARENTAL RESPONSIBILITIES ACROSS BORDERS

The Hague Convention sets out clear procedures for determining where the child normally lives and dealing with wrongful removal or retention cases. Each country appoints central authorities to resolve disputes, and courts in both the child’s home country and the country where they’re in decide on the best course of action. 

If the Convention states if the removal or retention was wrongful, then the court must order the child returned to his or her habitual residence for a custody determination, unless the responding parent (the parent who removed or retained the child ) can establish one of the following:

  1. More than one year has passed since the wrongful removal or retention and the child is settled in his or her new environment
  2. The petitioning parent was not actually exercising custody rights at the time of the removal or retention
  3. The petitioning parent had consented to or subsequently acquiesced in the removal or retention
  4. The child objects to being returned and is of an age and maturity level at which it is appropriate to take account of his or her views
  5. There is a “grave risk” that the child’s return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” or
  6. The return of the child would be inconsistent with “fundamental principles … relating to the protection of human rights and fundamental freedoms.”

Overall, the Hague Convention helps maintain stability and consistency in parenting arrangements while protecting the rights of children and parents involved in cross-border disputes.

CHALLENGES TO CONSIDER

Parents often face hurdles when dealing with international parenting disputes. One of the most significant challenges is simply navigating another country’s legal system. This can involve language barriers, unfamiliar legal procedures, and cultural differences, making 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 parental responsibility cases can be highly stressful and emotionally taxing for parents. That’s why having the right support and guidance is essential throughout the process.

GETTING THE HELP YOU NEED

The Hague Convention on the Civil Aspects of International Child Abduction can be a valuable resource for resolving abduction cases involving international borders, prioritizing their well-being. 

But to navigate these complex cases successfully, seeking legal counsel with knowledge and experience in Hague proceedings is extremely valuable. 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. 

Our profound understanding and proficiency with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”), enacted into law through the International Child Abduction Remedies Act (“ICARA”), empowers us to help advocate thoroughly and effectively. 

Highlighted Hague Decisions:

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.