Tag Archive for: Hague Convention Lawyer

The Ultimate Guide to Understanding Hague Convention Law

International parental child abduction cases are fraught with complexity and emotional turmoil, presenting significant challenges for the families involved. The Hague Convention is a multilateral treaty that provides an expeditious method to return a child internationally abducted by a parent from one member country to another.

The Hague Convention is a treaty that many countries, including the United States, have joined.

The purposes of the Convention are to protect children from the harmful effects of international abduction by a parent by encouraging the prompt return of abducted children to their country of habitual residence and to organize or secure the effective rights of access to a child. The idea is that custody and visitation matters should generally be decided by the proper court in the country of the child’s habitual residence.

Here, we will delve into the fundamental aspects of the Hague Convention Law and the safeguards it provides for families.

Understanding 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.

What kinds of cases fall under the Hague Abduction Convention?

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:

  • 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 county’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.

By comprehending the various aspects of the Hague Convention, we can gain a deeper understanding of its significance and impact. Let’s delve into the different components of this essential international framework.

The Role of Central Authority

Each signatory country designates a Central Authority as a point of contact for international child abduction cases. The Central Authority is crucial in facilitating communication and cooperation between countries involved in resolving these cases. 

  • Communication: The Central Authority is a liaison between the left-behind parent and the foreign country where the child has been wrongfully removed or retained. They work closely with other countries to exchange information, coordinate legal proceedings, and ensure effective communication.
  • Receiving and Processing Applications: When a parent seeks the return of their child under the Hague Convention, they apply to their home country’s Central Authority. The Central Authority receives and processes these applications, verifying their completeness and compliance with the requirements of the Convention.
  • Initiating Legal Proceedings: Once the Central Authority receives a complete application, they initiate legal proceedings in the foreign country where the child is located. They work with the Central Authority of the foreign country to provide documentation to support the case for the child’s return.
  • Information and Guidance: The Central Authority helps parents through legal procedures and obligations under the Hague Convention, ensuring that parents are well-informed throughout the process.
  • International Cooperation: Central Authorities also engage in international cooperation to enhance the effectiveness of the Hague Convention. They participate in conferences, meetings, and training programs to exchange knowledge, share best practices, and strengthen the global network of Central Authorities.

Remember that the specific functions and procedures of the Central Authority may vary slightly between countries. To obtain accurate and country-specific information, it is essential to consult with your country’s Central Authority or a qualified attorney with experience in international child abduction cases.

The Return Process

The Hague Convention Law operates on several fundamental principles, prioritizing the child’s best interests throughout the decision-making process. The law emphasizes the importance of maintaining the child’s connection with both parents–unless it is not in the child’s best interests. In cases where a child has been wrongfully taken or retained in a foreign country, the Hague Law has a process for their return. The left-behind parent can apply with their Central Authority country, which will initiate legal proceedings in the country where the child is located.

While the Hague Law strongly advocates for the return of children, the abducting parent may raise defenses and exceptions. These situations can affect the child’s safety, significant psychological risks, or objection to being returned. The ultimate goal is ensuring the child’s safe return to their residence.

LEGAL ASSISTANCE AND REPRESENTATION

Parents involved in international child abduction cases should seek the assistance of an attorney experienced in the Hague Convention. These attorneys possess the necessary knowledge and experience to guide parents through the legal process and protect their rights. If you have concerns about the potential abduction of your child, it is crucial to take proactive measures to safeguard their well-being. An experienced Hague Convention lawyer can help. Your attorney may recommend several preventative measures, such as:

  1. Obtaining a custody order or parenting plan that clearly outlines each parent’s rights and responsibilities, including travel restrictions.
  2. Adding your child’s name to a watchlist to prevent unauthorized removal from the country.
  3. Obtaining a court order requires surrendering your child’s passport or imposing restrictions on international travel.
  4. Collaborating with your child’s school or daycare to establish security measures and emergency protocols.

If you have concerns about parental child abduction, promptly contacting your family law attorney is crucial. They will discuss your options with you and assist in developing a plan that prioritizes your child’s safety.

Final Thoughts

Senior attorneys Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. With our firm’s vast experience, you can trust that we will tirelessly advocate on your behalf, working diligently to achieve the best possible outcome for you and your child/children.

To showcase our competence, here are some important recent Hague decisions we have successfully handled:

If you or a loved one is facing the distressing possibility of international parental child abduction, please don’t hesitate to contact us.

Take the first step by scheduling your complimentary consultation with us today.

 

Mastering Hague Law With Masters

The Hague Convention protects children from international parental abduction and returns them to their home country residence. It can also include child custody conflicts when a parent or guardian resides in a different country to the home country of the child.

Going through a divorce is never easy, especially when children are involved. However, things can get even more complicated when one parent tries to take the children across international borders. Parents are often left in a legal quagmire with high stakes and convoluted laws in these cases. But you don’t have to face it alone. The Hague Convention on Civil Aspects of International Child Abduction helps navigate these complex custody cases.

In this blog, we will delve into the details of The Hague Convention and how Masters Law Group can assist. Keep reading to discover everything you need about this crucial legal resource.

Understanding The Hague Convention on Civil Aspects of International Child Abduction

The International Child Abduction Remedies Act (ICARA) rules how U.S. courts implement the Hague Convention. The Convention applies in cases where a child has been wrongfully removed from their habitual residence without parental consent. Hague Law establishes a Central Authority in each partner country to act as a point of contact for parents and children in international child custody cases. The Central Authority helps with the following:

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

Understanding how the Hague framework operates is crucial; let’s dive into who the Hague Convention applies to.

What Countries Are a Part of  The Hague Convention?

It’s important to note that the Hague Convention on Civil Aspects of International Child Abduction applies only to countries that have signed and ratified it. As of 2023, there are currently 91 signatory countries, but it’s essential to consult with a Hague lawyer to determine whether the Convention applies to your case.

For a full list of participating treaties, click here. 

Additionally, the Hague Convention only applies to children under the age of 16. Some signatory countries may have different age limits or apply the Convention to older children. It’s crucial to understand that the Hague Convention’s primary goal is to promote the return of wrongfully removed children to their country of habitual residence. To navigate complex legal proceedings in the country where your child habitually resides, seeking guidance from a Hague lawyer is highly recommended.

Hiring A Hague Lawyer

Attorneys experienced in The Hague Convention are crucial when it comes to navigating international child abduction. If you are concerned that your child may be at risk of abduction, it’s essential to take proactive measures to protect them. An experienced Hague Convention lawyer can help you assess the risk of abduction and develop a plan to safeguard your child’s well-being.

Some preventative measures that your attorney may recommend include:

  • Obtaining a custody order or parenting plan that specifies each parent’s rights and responsibilities, including travel restrictions.
  • You request that your child’s name be added to a watchlist to prevent them from being removed from the country without your consent.
  • Obtain a court order that requires surrendering your child’s passport or restricts international travel.
  • Establish security measures and emergency protocols by working with your child’s school or daycare.

If you are concerned about the possibility of parental child abduction, contact your family law attorney immediately to discuss your options and develop a plan that will help ensure your child’s safety.

Working With Masters Law Group

At Masters Law Group, our knowledgeable Hague lawyers are here to help you navigate the complex legal proceedings related to international child abduction, including coordinating with the Central Authority and representing you in court. Serving clients in Cook County and DuPage County Illinois, we can assist you in determining whether the Convention applies to your case – and how – based on the laws of the country where your child resides.

Our award-winning attorneys, Erin E. Masters and Anthony G. Joseph, have vast experience in international family law. You can rest assured we will work aggressively to advocate on your behalf.

As a testament to our experience, see some of our recent Hague decisions here:

If you or a loved one is facing the possibility of international parental child abduction, don’t hesitate to reach out to us. We are here to help you protect yourself and your children.

Schedule your complimentary consultation here today.

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:

MASTERS LAW GROUP CASE REVIEW: HAGUE CONVENTION ON CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: Cyprus and California, USA

In one of our most recent Hague Convention cases, a child was wrongly removed from his residing home in Cyprus and taken to the United States. The attorneys at Masters Law Group succeeded in this landmark ruling in favor of our client.

The Hague Convention on the Civil Aspects of International Child Abduction is a crucial treaty that provides a legal framework for resolving cases of international child abduction. This convention aims to ensure the prompt return of children who have been wrongfully removed or retained from their country of habitual residence.

However, navigating these complex cases can be challenging, especially without the proper legal representation. At Masters Law Group, our team of Hague-experienced attorneys understands the intricacies of this International law treaty and can provide comprehensive support to families facing international child abduction matters.

In this recent case, the husband – represented by Masters Law Group –  filed a petition for the return of his child who was taken from his residence in Cyprus to the United States by his wife – the mother of the child.  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 his or her country of habitual residence.

CASE OVERVIEW

The ex-husband filed a petition for the return of his child, a 12 year-old who was visiting his mother in the state of California. This case arises under the International Child Abduction Remedies Act. 22 U.S.C. § 9001 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction. The Act entitles a person whose child has been wrongfully 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.

In December 2022, the court held a five-day bench trial. The parties had stipulated that the 12-year old had been wrongfully retained under the convention. The trial focused on two affirmative defenses which were ‘grave risk’ and ‘mature child’ defenses.

CASE DETAILS

In this case, the child had lived most of his life in Cyprus. His father had full custody of him since his parents’ separation in 2014. Last summer of 2022, the minor came to the United States for a six-week visit with his mother in California. At the end of the visit, his father came to collect his son but was unsuccessful. The 12-year old has autism and had become determined not to return to Cyprus. Furthermore, his mother refused to turn him over when she was legally obliged to.

Nearly one week after the scheduled meet up went awry, the father filed a Hague Convention petition. The Court observed the 12-year old in chambers, where he answered questions from the Court and counsel for both sides without his parents present. The 12-year old was understandably subdued, but he was composed and calm through several hours of questions from strangers. That time observing the child, (after having had the benefit of testimony and reports from the experts) confirmed that he is on the Autism spectrum.

CASE RESULTS

Both the United States and Cyprus are signatories to the Hague Convention. It is implemented in the United States by the International Child Abduction Remedies Act. 22 U.S.C. §§ 9001 et seq. District courts have concurrent original jurisdiction over actions brought under ICARA. § 9003(a)–(b).

In adjudicating a petition under the Hague Convention, a court may only decide whether the child should be returned to their country of habitual residence. Both the treaty and the statute explicitly preclude courts from making a final custody determination.

The question at hand was where any further custody dispute over the child should play out, not whether living in one country or the other, or with one parent or the other, would be in his best interests.

Both parties agreed that Cyprus was his country of habitual residence at that time; and that the ex-husband was exercising his custody rights as entered by a Cypriot court. Dkt. No. 42. 

The final part of the Convention’s grave-risk exception states that a Court may decline to return a child if it would place the child in an “intolerable situation.” Convention art. 13(b). Exactly what beyond physical or psychological harm would constitute an “intolerable situation” is unclear. It was concluded the child’s life in Cyprus with his father was not intolerable.

CONCLUSION

In summary, the court granted the petition and ordered the child to return to Cyprus in the custody of his father. In addition, the Court will not impose a longer stay without agreement from both sides. As the Court is ordering the return of a child pursuant to an action under 22 U.S.C. § 9003, it is required to order the respondent to pay necessary expenses incurred by the petitioner—including legal fees and transportation costs related to the return of the child—unless the respondent establishes that such order would be clearly inappropriate. § 9007(b)(3).

READ THE FULL CASE REVIEW HERE

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 involving the United States, work with the experienced lawyers at Masters Law Group. Contact us here today to schedule a consultation.

Hague Convention – International Child Abduction – San Francisco

When San Francisco courts determine custody arrangements, they ultimately consider the best interests of the child involved. However, a custody agreement can get extremely complex when the issues are international. 

The Hague Convention was enacted to protect children from international abduction and to return children to their home country residence. It also includes child custody conflicts when a parent or guardian resides in a different country to the home country of the child.

If you’re in need of legal representation to protect your rights or the rights of your child, Masters Law Group can help. We can represent parents and children in a variety of complex international abduction cases. 

Here’s everything you need to know about international abduction cases and the Hague Convention in San Francisco. 

The Hague Convention

The Hague Convention is a treaty that works to help parents whose child has been wrongfully removed from or retained from their custody by enabling them to petition for the child’s return to their country of habitual residence. A number of counties have joined this treaty which was developed by the Hague Conference on Private International Law (HCCH) and officially entered into force in December 1983. 

According to the Convention, the removal or retention of a child is “wrongful” when it breaches custody rights attributed to a person or any other body. Even if a parent already has legal custody of the child, the Convention is needed to return the child back to their habitual residence. 

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

Presenting a custody order is not needed to prove that a parent’s custodial rights were violated when the child was taken from their country. This can be proven by showing proof of parenthood. 

Filing a Hague Application in San Francisco

Whether or not the Hague Convention is an appropriate solution for you depends on a variety of factors. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Another situation may be that a parent moved internationally in violation of a custody agreement. It’s important to know that filing a case under the Hague Convention does not automatically guarantee the child will be returned. 

To obtain the return of the child, it must be proven that:

  • The child was habitually resident in one Convention country and was removed to or retained in another Convention country.
  • The removal or retention of the child is considered wrongful and was in violation of custodial rights, and those rights were exercised at the time of removal or retention.
  • The Convention must have been in force between the two countries at the time of the wrongful removal or retention. 
  • The child is under the age of 16.

If a court decides the child must be returned to its country of habitual residence, they may make the return contingent upon certain obligations from the petitioning parents. This might include: 

  • Paying for the travel of the respondent and child to the country where the child habitually resides.
  • Arranging housing or paying for living expenses for the respondent and child in the country of the child’s habitual residence. 
  • An order that the petitioner have no contact with the respondent if the respondent returns to the country of the child’s habitual residence. 
  • An order that the petitioner will have no contact or limited contact with the child once the child returns to the country of the habitual residence. 

Getting the Legal Help You Need in San Francisco

High-stakes international child abduction cases require experienced, knowledgeable and fast-acting attorneys. Your lawyer should be ready to file a Hague Convention application and institute or defend a Hague Convention lawsuit on short notice.

Our attorneys at Masters Law Group have extensive experience in international child abduction cases.  Instead of trying to navigate international law issues alone, take advantage of the experience and knowledge of our attorneys at Masters Law Group. We are committed to vigorously representing our clients in these high-stakes proceedings. 

Contact Masters Law Group Today

The award-winning attorneys at Masters Law Group have successfully represented clients in such cases across the country and globe; including Hague cases across the United States and Internationally in New Zealand, but to name a few.

Contact us to schedule your consultation here today.

Hague Law with Masters Law Group

International Child Custody can be a legal minefield. Luckily, 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.

When parents divorce, deciding how to handle issues regarding your children can be intense. When parents originate from separate countries, these disputes can become complicated very quickly, 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).

Accredited family law attorneys Erin Masters and Anthony Joseph of Masters Law Group have extensive experience in cases involving international child abduction disputes in both courts located in the State of Illinois and the United States federal court system.

Here’s what you need to know about Hague law.

Understand How US Law Applies To International Child Removal 

In the United States, the International Child Abduction Remedies Act (ICARA) governs the procedures that U.S. courts use to implement the Hague Convention on International Child Abduction. The goals of both ICARA and the Hague Convention are to promptly return children to the country where they have habitually resided, and to protect parents’ custody rights across international borders.

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. Let’s take a look at the framework and what it entails. 

Hague Convention Framework

The hague convention framework was created to help countries find solutions for difficult custody cases where a child has been abducted. There are several situations where this can happen, but the most common is when a child is wrongfully removed from their habitual home and now lives in a foreign country.

The Central Authority must do the following:

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

Ultimately, when a parent’s custody rights are violated, a custody order is not needed to prove parental parenthood or marriage. A child being returned to his/her place of habitual residence does not depend on the immigration status/or nationality of the child or his/her parents.

Hiring a Hague Lawyer

If you need a Hague lawyer, we can help. We are highly experienced in international law and family law. Our goal is to make the legal system easier to navigate for our clients. We will make sure you understand your rights, so that you can make the best possible decisions for your family.

We can represent you if:

  • You live in the United States and your child has been taken across borders and overseas.
  • You live anywhere in the world and your child has been abducted into/out of the United States.
  • You have been accused of international child abduction and need a lawyer to protect your parental rights.

We will thoroughly investigate the facts of your case. We will give you straightforward advice so that you can make decisions with confidence knowing the legal implications of those decisions.

To learn more about your options, contact us to schedule a one-on-one appointment with our experienced Hauge lawyers, Erin E. Masters and Anthony G. Joseph. We will work aggressively to advocate on your behalf.

How Masters Law Group Can Help

Your child’s safety is always top priority. At Masters Law Group, our goal is to help you protect yourself and your children from international abduction, while also ensuring that you have access to them. 

Our Hague lawyers have extensive experience in international child abduction cases. Our clients span across the entire U.S., from Washington to Wisconsin, so you can rest assured knowing that the experienced Masters Law Group attorneys are fighting for you and your family.

For a list of our Hauge Decisions, see here.If you or a loved one is facing International Parental Child Abduction, contact Chicago attorneys at Masters Law Group today to schedule a consultation.

Masters Law Group Recognized in the 2023 Edition of “Best Lawyers in America”

Masters Law Group is a Chicago family and divorce law firm focused on solving problems and achieving the best possible result for our clients. We’re proud of our industry achievements, now including being recognized for professional excellence in the 29th edition of The Best Lawyers in America® in two categories.

As part of the 2023 selection of distinguished firms, Masters Law Group was regionally ranked in two practice areas, Family Law and Family Law Mediation. 

Best Lawyers in America is the oldest and one of the most respected peer-review publication in the legal profession. Best Lawyers lists are compiled based on exhaustive peer-review evaluation. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

This recognition honors the professional accomplishments of the top tier legal talent in the country who were selected by their peers through Best Lawyers’ rigorous and peer-reviewed selection process. More than 12.2 million evaluations were analyzed, resulting in the recognition of only 5.3% of lawyers in the United States. Achieving this recognition signals a unique combination of quality law practice and breadth of legal expertise.

Masters Law Group is delighted to once again receive such recognition. 

About Masters Law Group

Located in Chicago, Illinois, Masters Law Group handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in the area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

Our recent recognitions in Family Law and Family Law Mediation highlights our experience, dedication and talent in these fields.

Our Attorneys

Best Family Law Attorney

Erin E. Masters (Attorney / Family Law Mediator) and Anthony G. Joseph (Attorney / Guardian Ad Litem/Child Representative) both have extensive experience and knowledge in family law and family law mediation.

Ms. Masters’ recent recognitions include in Family Law and Family Law Mediation, and has represented a variety of clients, both pre-decree and post-decree. 

“We are honored that Masters Law Group has been recognized by Best Lawyers® for the sixth consecutive year.” commented Managing Partner Erin Masters. “We thank all our fellow attorneys in the Chicago Metropolitan area for including us in this prestigious list as well as our attorneys and staff for their hard work and dedication in serving our clients.”

In addition to representing clients, Ms. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, she has also been appointed by the Circuit Court of Cook County to mediate complex family law cases.

2023 Best Lawyers

Anthony G. Joseph has been recognized for his excellence in Family Law and is an active trial lawyer whose practice focuses exclusively on Family Law and on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County. He has an emphasis on International Child Abduction and cross-border custody issues pursuant to the Hague Convention of 1980 and the UCCJEA. Mr. Joseph also publishes in the area of civil litigation.

WORK WITH THE BEST

With a long history of awarded recognitions in Family Law, Masters Law Group LLC has a unique depth of knowledge, experience and talent in the Family Law and Divorce field.

Masters Law Group is dedicated to understanding your individual needs and helping you work through stressful situations in the Family Law and Divorce fields. They move through settlement negotiations, mediation or litigation with their clients’ assurance and well being in mind.

Schedule a consultation here to speak with an experienced attorney regarding your family law matter today.

 

 

What are the Defenses to the Hague Convention?

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

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

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

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

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

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

What is the Hague Convention? 

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

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

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

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

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

Six Defenses of the Hague Convention

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

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

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

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

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

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

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

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

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

How Masters Law Group Can Help

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

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

Check out our Featured Hague Decisions:

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

Help Prevent International Parental Abduction with Supervised Visitation

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

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

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

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

What is Supervised Visitation?

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

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

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

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

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

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

Hague Convention and What You Should Know

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

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

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

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

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

Final Thoughts

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

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

For more information on our Hague Decisions, see here:

International Parental Abduction

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

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

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

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

Is Your Child at Risk for An International Abduction?

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

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

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

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

Protecting Your Child From International Parental Abduction

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

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

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

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

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

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

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

International Child Abduction Remedies Act (ICARA)


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

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

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

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

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

Child Custody and Visitation Matters


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

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

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

Additional Resources on International Parental Abduction

Final Thoughts

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

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

See Our Featured Hague Decisions Here:

Contact us here today to learn more.