Tag Archive for: Hague Convention Lawyer

What Happens if I File for Divorce in Illinois but my Child Lives Somewhere Else?

While it is fairly common for someone to move to a different state once they separate from their spouse, doing so can present potential difficulties when formally filing. Add children to the mix, and the situation rapidly becomes more complex. Here’s what you need to know. 

All states require that the spouse who files for divorce be a resident of the state in which they file their divorce petition.  If you’re seeking an Illinois divorce and have children, you may be wondering what the proper steps are to take. You may also want to know how you can get full custody in Illinois, and what criteria a judge uses to determine a child’s best interests.

Here, Masters Law Group provides an overview of Illinois custody laws and answers to common questions about custody in Illinois, cross-border custody, and international custody matters via the Hague Convention. If you have additional questions after reading this article, contact your trusted law attorneys at Masters Law Group. We’re here to help you every step of the way.

Establishing Child Custody in Illinois

The term “custody” is no longer used in the law. It is now called “parental responsibilities.” This includes parenting time (formerly “visitation”) and decision-making power.

Divorcing parents who live in Illinois will receive an Allocation of Parental Responsibilities/custody order as part of their divorce case. Things can get complicated if parents live in different states or a parent has recently moved into or out of the state. Before an Illinois judge can issue a custody order, the Illinois court must have jurisdiction over your case.

In order to avoid conflicting custody opinions from courts in different states, a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) sets the rules on which court has jurisdiction. 

Among other things, the UCCJEA determines which state is the child’s “home state” for custody matters. Courts in the home state have jurisdiction over custody litigation involving that child and are the only ones that can hear a custody case for that child.

Illinois has jurisdiction to hear a child custody case if:

  • The child has lived in Illinois for the last six months.
  • The child lives out of state, but lived in Illinois within the past six months and one of the child’s parents still lives in the state.
  • No other state is the child’s home state and either (1) the child and at least one parent have significant connections with Illinois, and (2) substantial evidence exists in Illinois concerning the child’s care, protection, training, and personal relationships.

The UCCJEA and associated rules can be complex and hard to understand. If you’re unsure whether your child custody case should be heard in Illinois or in another state, you should consult with an experienced attorney. 

Determining a Child’s Best Interests in Illinois

Even when parents agree on custody, a judge must ultimately determine what custody arrangement would be in the child’s best interests. The emphasis in a custody determination is not on which parent is “better or worse”, but solely on the child’s safety and happiness. 

Here are some of the following factors to consider:

  • Both parent’s wishes.
  • The child’s wishes.
  • The child’s adjustment to their home, school, and community.
  • The parents’ and child’s physical and mental health.
  • Whether there has been physical violence by either parent, either directed against the child or another person.
  • Whether there has been ongoing or repeated domestic violence, either directed against the child or directed against another person.
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

Every case is unique, and the court is free to decide what weight to give to these and other factors in making its decision. However, Illinois custody laws expressly state that the court should not consider a parent’s marital conduct unless it affects that parent’s relationship with the child. Judges will typically give both parents maximum involvement in the child’s life.

Can a Parent With Primary Physical Custody Relocate Out of State?

Illinois Courts require that a parent looking to permanently relocate a child from the State of Illinois have a written agreement and/or Court Order allowing the move.  There are a variety of factors the Court will consider in adjudicating whether the move is within your child’s best interest.  The parent who wants to relocate with the child out of state bears the burden of proving that the move serves the child’s best interests. A court must consider the following factors in determining whether a proposed move to another state is in the best interests of the child:

  • Whether the move will enhance the general quality of life for both the custodial parent and the child.
  • Whether the custodial parent’s proposed move is a ruse to frustrate or defeat the other parent’s visitation rights with the child.
  • The motives of the noncustodial parent in resisting the removal.
  • Whether a reasonable visitation schedule can be achieved if the move is allowed.

The parent seeking to move must prove that it is in the best interests of the child, not just the parent’s best interests. A judge will want to address housing arrangements, job opportunities, neighborhood and school quality, available activities for the child, and a well-considered plan to keep the child in touch with the left-behind parent. Some judicial districts in Illinois are more lenient about allowing removal than others. An experienced lawyer will know what to expect from the judges in your district.

Unless the parties have agreed in writing to the contrary, a custodial parent may remove the children to another part of the state without a court order. However, because this will bring about a significant disruption in the child’s relationship to the other parent, such a move could be considered a material change in the child’s circumstance, which could be the foundation of a petition for custody modification.

A permanent relocation is different from a vacation. Parents are free to take the child out of state on a temporary vacation as long as the court order allows it and the traveling parent provides the other parent the address and telephone number where the child may be reached while out of state, and the date on which the child will return to Illinois. 

What Happens if my Ex Want to Move Across International Borders?

International child custody cases are on the rise due to the mobility of couples who either desire to live abroad, move back to their home country or who receive international job assignments.

While legal issues involving Parental Responsibilities are common, many do not know what to do when their child/children are taken overseas. It’s important for the residents of the Greater Chicagoland area who share custody of their children know about the ins and outs of the Hague Convention should this occur.

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.

Masters Law Group Featured Hague Decisions:

At Masters Law Group, we know the requirements parents must abide by when they want to move, and we know how to challenge the move so you do not lose out on time with your child.

Final Thoughts

If you’re faced with an out-of-state divorce or international custody battle, our skilled and knowledgeable family law attorneys can help educate you on your options, and provide legal assistance if your child is being taken out of Illinois. 

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. Especially when children are involved. As such, we move through settlement negotiations, mediation or litigation with our clients’ assurance and well being in mind.

Our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most. Schedule a consultation with us today to discuss our divorce services.

Chicago Divorce Attorneys: Work with the Best

Chicago has a lot to offer its residents and you can find some great resources in the windy city. But if you’re searching the market for a Divorce Attorney in Illinois, you should do some serious research to find the right divorce attorney for your unique situation. 

If you are considering filing for divorce from your spouse, you will most likely need to find a divorce attorney. Divorce attorneys (a subsection of Family Law) specialize in the entire divorce process from start to finish, help smooth over differences between disagreeing parties, and even offer a sympathetic ear to listen when you feel overwhelmed or upset.

Choosing the right divorce attorney is a very personal decision: one that can make all the difference in your case. It isn’t as simple as searching for “divorce lawyers near me,” as this will produce a plethora of options in your area. Location is obviously an enormous factor, but to identify the perfect Illinois attorney for your situation, it’s crucial that you select a law firm that specializes in the unique issues involved with your case. Here are four tips to help you do just that.

Choose a Reliable Divorce Attorney

When looking at your options for lawyers, pay attention to how they communicate with you. It’s important to develop a positive rapport with your lawyer, as most divorces take several months to settle. Throughout the divorce process, you’ll have an array of questions, concerns, or disputes you’ll want to take care of. As such, you’ll want someone on your side who will alleviate your stress, address your concerns, and answer your questions to the best of their ability.

Check Certifications and Education

The firm and their attorneys you choose should be board certified. Most attorneys will mention their board certification on their website. If you can’t find this info on their site, then ask them directly. While you’re at it, ask your prospective attorney where they received their education.

Read Reviews and Testimonials

Quality services can help your case especially if it has to go to court. Online reviews will always give you an idea about the quality of services an attorney offers. You cannot afford to go and spend your money on services that you cannot trust. Therefore, before you hire a divorce attorney, you have to be sure that they can offer the best services.

Make a List of Questions

Make a list of questions to ask your potential lawyer. Interviewing divorce lawyers can be daunting, especially if you’ve never done it before. So, it is always a good idea to have a list of prepared questions before starting the interview.

Here’s the list of questions that we’ve put together to help you select the right divorce lawyer for your case.

  • Are you experienced in divorces and divorce mediation?
  • What can I expect my divorce process to be like?
  • How long will it take to resolve my case?
  • How will we communicate with each other?
  • What is your strategy for my case?

You may feel that you would like to just get an attorney and get this divorce over with as soon as possible without too much in-depth thought. The problem with that is you risk missing out on the right representation for you. At the end of the day, a good attorney is responsive to client and court needs, knows the contours of family and divorce law, and can demystify an otherwise complex system to walk their client through each step of the way.  Because of the legal reality of divorce, finding your best Illinois divorce lawyer is priority one.

About Masters Law Group

Located in Chicago, Illinois, the firm 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 Attorneys have a lot to offer, here’s why you should work with the best.

Both of our senior Attorneys have been recognized by multiple peer review publications such as, Best Lawyers. Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. If the votes for a lawyer are positive enough for recognition in Best Lawyers, that lawyer must maintain those votes in subsequent polls to remain in each edition. 

Our Attorneys

Erin E. Masters

Erin Masters is the principal of Masters Law Group, located in Chicago, Illinois. Masters Law Group concentrates in the area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and Hague Convention/ international child abduction matters.

Erin E. Masters

Ms. Masters received her Juris Doctorate and Certificate in Child and Family Law from Loyola University of Chicago, School of Law, in May of 2004. She was admitted to the Illinois Bar in November 2004 and to the General Bar for the United States District Court for the Northern District of Illinois in 2005 and the United States District Court for the Eastern District of Wisconsin in 2020. Ms. Masters was admitted to the United States Supreme Court in March 2009.

Throughout her career Ms. Masters has represented a variety of clients, both pre-decree and post-decree. Additionally she has prepared Prenuptial Agreements, drafted Marital Settlement Agreements and Final Allocation of Parental Responsibilities Orders, as well as prosecuted and defended Orders of Protection. Ms. Masters has also successfully litigated matters concerning modification and enforcement of child support, allocation of parental responsibilities and parenting time.

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. Since 2016, Ms. Masters has been named “Rising Star” by Illinois Super Lawyers and has been named as an “Emerging Lawyer” by Leading Lawyers. In 2020, Ms. Masters was named “Super Lawyer” by Illinois Super Lawyers, and in 2021 and now for 2022, she has been recognized by Best Lawyers for her work in Family Law Mediation.

Anthony G. Joseph

Anthony G. Joseph is an attorney at the firm of Masters Law Group, LLC. Mr. Joseph received his B.A. degree in Global Economic Relations from the University of the Pacific in Stockton, CA.

Anthony G. Joseph

He obtained both his J.D. degree and Certificate in Trial Advocacy from The John Marshall Law School. He was admitted to the Illinois Bar in November 2010, the Federal General Bar and Trial Bar for the United States District Court for the Northern District of Illinois in 2012 and the United States District Court for the Eastern District of Wisconsin in 2020.

Mr. Joseph is an active trial lawyer. Mr. Joseph publishes in the area of civil litigation. Mr. Joseph has also served as an adjunct professor at DePaul University. Mr. Joseph is “AV” Preeminent Rating from Martindale-Hubbell Peer Review, which is the highest peer review rating available and has been named a “Rising Star” by Illinois Super Lawyers in both 2019, 2020 and 2021. He has also been recognized by Best Lawyers for his work in Family Law.

Mr. Joseph concentrates his practice in the area of domestic relations, which includes divorce, allocation of parental responsibilities and child support. Mr. Joseph has also successfully litigated matters concerning modification and enforcement of child support, allocation of parental responsibilities and parenting time as well as prosecuted and defended Orders of Protection. Ms. Joseph has also successfully litigated matters concerning modification and enforcement of child support. Mr. Joseph has also litigated cases in both state court and multiple United States Federal Courts involving The Hague Convention and international child abduction issues.

Karly Armstrong

Karly Armstrong received her B.A. in Political Science & Interdisciplinary Social Sciences – International Studies from the State University of New York at Buffalo in 2016 and graduated magna cum laude.

Karly Armstrong

Throughout her time at the State University of New York at Buffalo, she was in the advanced honors program and wrote her undergraduate thesis on Middle Eastern women’s rights movements.

Karly received her J.D. from Loyola University Chicago School of Law in May 2021. At Loyola, she was on the ABA Negotiations Team. She also was a student clinician at the Loyola Community Law Center where she served as a Guardian ad litem in contested minor guardianship proceedings. Karly took her Illinois bar exam in July 2021 and passed. She has been admitted to the Illinois bar since November 2021.

Karly thoroughly enjoyed her time spent as a clinician at the Loyola Community Law Center and is excited to start her new career as a family law attorney at Masters Law Group.

Client Reviews

“I can not thank him enough for what they have done to help me and continue to help me!”

I found Anthony Joseph and Erin masters of masters law group on Avvo. Needing desperate help for a case that I had been dealing with alongside the state for years. Calling in tears Anthony assured me he’ll fight for me. He has done nothing less! Dealing with a tough year he was always there to tell me it’s going to be okay and deal with my ever so gracious ex. He is there whenever you need him! Email, call, how up in court the day before Thanksgiving! I would highly recommend it!

-Lynn

Divorce Client

“Excellent, caring attorney”

I went to Erin after I realized I couldn’t finish my divorce on my own (it was dragging for a year at that point). She took action right away and my divorce was settled 3 months later! I got everything I wanted in my settlement, which was to keep my kids and home! I would recommend Erin for divorce, family law problems. She is prompt in answering phone calls and emails and provides the best service. She is very knowledgeable on allocation of parental responsibilities and child support matters as well. She is definitely a 5-star attorney.

-Rayah

Allocation of Parental Responsibilities Client

Final Thoughts

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. 

Come and work with the Best Chicago Divorce Attorneys in the city. Schedule a consultation here today.

MASTERS LAW GROUP CASE REVIEW: HAGUE CONVENTION ON CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: NEW ZEALAND

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 husband – represented by Masters Law Group –  filed a petition for the return of his child who 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 his or her country of habitual residence.

CASE OVERVIEW

On June 18, 2020, Respondent and the child traveled on round-trip tickets from New Zealand to Chicago, via Los Angeles, for a one-month trip. Respondent and the child had tickets to return to New Zealand on July 17, 2020, via Los Angeles, arriving in New Zealand on July 19, 2020 via Air New Zealand. The Petitioner worried and speculated to the Respondent that she might not come back from the United States with their child, despite her denials of leaving permanently. The Respondent did not get on the flights back to New Zealand with their son.

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

By agreement of the parties and as required by the Convention, the Court Court concludes that the child was a habitual resident of New Zealand at the time of the wrongful retention in the United States, Petitioner had and was exercising custody rights under New Zealand law, and the “grave risk” exception was not established in this case.

Accordingly, the Court finds that the child must be returned to New Zealand, and grants the Petition for return of the child, [dkt. 1].

The Court allowed an approximate one-week time period to avoid any abrupt transition for the child.

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.

 

 

Parental Child Abduction? Hire a Hague Convention Attorney.

The Hague Convention on the Civil Aspects of International Child Abduction is the main international agreement that covers international parental child abduction. It provides a process through which a parent can seek to have their child returned to their home country.

A number of countries around the globe have joined a treaty called the Hague Convention. This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches custody rights attributed to a person or any other body. If, at the time of removal or retention, those rights were exercised. Even if a parent already has legal custody of a child, the Convention is needed. U.S. court orders may not be recognized in other countries, and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

LIST OF U.S HAGUE CONVENTION TREATY PARTNERS

Listed below are the countries that are participants of the Hague Convention in force with the United States of America. The official list and dates the treaties signed can be found here.

 

Andorra Lithuania
Argentina Luxembourg
Armenia Macedonia, Republic of
Australia Malta
Austria Mauritius
Bahamas, The Mexico
Belgium Monaco
Belize Montenegro
Bosnia and Herzegovina Morocco
Brazil Netherlands
Bulgaria New Zealand
Burkina Faso Norway
Canada Pakistan
Chile Panama
China (Hong Kong and Macau only) Paraguay
Colombia Peru
Costa Rica Poland
Croatia Portugal
Cyprus Korea, Republic of
Czech Republic Romania
Denmark Saint Kitts and Nevis
Dominican Republic San Marino
Ecuador Serbia
El Salvador Singapore
Estonia Slovakia
Fiji Slovenia
Finland South Africa
France Spain
Germany Sri Lanka
Greece Sweden
Guatemala Switzerland
Honduras Thailand
Hungary Trinidad and Tobago
Iceland Turkey
Ireland Ukraine
Israel United Kingdom (Anguilla, Bermuda, Cayman Islands, Falkland Islands, Isle of Man, Montserrat)
Italy Uruguay
Jamaica Venezuela
Japan Zimbabwe
Latvia

 

CHOOSING YOUR ATTORNEY

To make sure you have the best possible chance in your Hague Convention case, you need an attorney who understands both the dire circumstances and the delicate interplay of state, federal, and international laws.

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.

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

“Anthony Joseph and Erin litigated my Hague Convention federal court case and, after a terrifying and tiring few months, we won our case!! If I didn’t have the direction and focus of these two we wouldn’t have won. Anthony is a shark, no one will work harder and smarter and know every detail in the court like this man. AND ERIN!!!!! She is dotting all the i’s and crossing the T’s. Not one thing will get by her. She thinks outside the box and will find a solution to every problem. They way they work together, the other side doesn’t have a chance in court. Because of these two my children are safe with me in the USA and we won an extremely difficult to win case. 9/10 times the children have to go back to the country they were taken from, in this case it was Mexico. I had the odds stacked against me hugely. It’s very difficult to get any judge to side with the person who left with the children. Because of their expertise in Hague, they found the important details to keep my kids and myself away from our abuser who tried to get us back into the scary situation we were living in. THANK YOU TO YOU BOTH. Every day I’m grateful for them changing my life. When something this is important is at stake it is imperative you choose great counsel. And Masters Law Group is it.”

– SHARON H, HAGUE CONVENTION CLIENT TESTIMONIAL

Instead of trying to figure out international law issues alone, contact the Family Law Attorneys at Masters Law Group. 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.

 

Hague Convention: 6 Defenses to a Petition for the Return of a Child.

The Hague Convention is a treaty that many countries, including the United States, have joined. Its purpose is to protect children from the harmful effects of international abduction by a parent. Under the Convention, a court may deny return of an abducted child if one of the following six defenses apply.

When a parent is subject to an application either in the State Court or the Federal Court for return of a child who is alleged to be illegally taken from a foreign country and brought to the United States, or wrongfully retained in the United States beyond the agreed upon time frame of temporary absence, there are certain defenses that can be raised by the non-petitioning parent in order to prevent the return.

History of Hague

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.

This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983.

These participating countries are also included in a large treaty that governs the way different 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 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.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches the rights of custody attributed to a person or any other body and if at the time of remove or retention those rights were actually exercised. Even if a parent already has legal custody of a child, the Convention is needed because U.S. court orders may not be recognized in other countries and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

Under the Hague Abduction Convention and ICARA, when a child has been wrongfully removed from the child’s home nation-state or “habitual residence,” the court must order the child to be returned to the habitual residence, unless the party removing the child can establish at least one of six narrow affirmative defenses.

Six Defenses

There are a few defenses to a claim of wrongful removal or retention under the Hague Convention, which include:

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.

If your child has been wrongfully removed to a country overseas, you should immediately contact your local family law attorney that is experienced in international custody disputes for help.

Relocating Your Child

Whether due to job requirements (like working in the military) or simply moving back to be with family, many separated or divorced US parents relocate abroad every year. You must realize it will often be a criminal offense for you to take the child away without the other parent’s permission. Illinois Courts require that a parent looking to permanently relocate a child from the State of Illinois have a written agreement and/or Court Order allowing the move.  There are a variety of factors the Court will consider in adjudicating whether the move is within your child’s best interest.

As previously mentioned, under the Hague Convention you will “wrongfully remove” a child if you take the child away from his or her habitual residence. Therefore, the other parent will normally be able to block your removal of the child from that country and if you take the child to the United States a U.S. court will normally compel you to return the child forthwith.

It is imperative you make any International Custody Agreements & Parenting Time schedules before you relocate your child/children.

In deciding whether to authorize a child’s relocation to a foreign country, U.S. courts will try to determine the best interests of the child, considering the same factors they normally consider in domestic move-away cases (these factors depend on the laws of state that has jurisdiction to hear the case). In addition, with international move-away cases, most state courts will also consider several additional factors, including (as per DivorceNet):

  • The cultural conditions and practices in the foreign country
  • Any potential visitation difficulties for the parent that gets left behind
  • Jurisdictional issues that may make the enforceability of the domestic custody and visitation orders problematic (meaning the extent to which the foreign country would enforce the left-behind parent’s visitation or rights to access the child), and
  • Whether or not the proposed foreign country is a signatory to the Hague convention (however, the fact that the proposed country is not a signatory does not automatically mean the request to relocate will be denied).

If you want to move your child out of the United States or your child’s other parent does, you should definitely contact an experienced custody attorney for advice on how to protect your parental rights.

Getting the Help You Need

Left behind parents face enormous obstacles in seeking judicial intervention in the United States to compel return of their children. Proving claims in international child abduction cases under the Hague Abduction Convention requires analysis and careful development of all evidence and testimony that may support or defeat defenses to claims of wrongful abduction or retention.

The attorneys at Masters Law Group have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. We have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

Contact us here today to schedule a consultation.

USA Accepts Pakistan’s Accession to the Hague Convention: International Child Abduction.

The United States has now accepted Pakistan’s accession to the 1980 Hague Abduction Convention. The Convention was entered into force between the two countries on October 1, 2020.

What is the Hague Convention?

According to the US National Centre for Missing and Exploited Children (NCMEC), nearly 800,000 children are reported missing each year. That is more than 2,000 a day. The NCMEC says that 203,000 children are kidnapped each year by family members.

The convention is a multilateral treaty that establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country.

Currently, there are 98 contracting states to the Hague Convention.

Previous Issues with Pakistan

Pakistan has been consistently non-compliant with international norms concerning the return of children who are abducted to Pakistan. In prior years, the U.S. State Department reported frequently to Congress that that was the case.

It is also essential to understand that the Convention contains no provisions that will require recognition and enforcement of foreign custody orders. However, the compliance has been welcomed by the United States with hopes of a brighter future.

United States Accept Pakistan’s Accession

On October 1 2020, The United States accepted Pakistan’s accession to the 1980 Hague Abduction Convention.

The department said on its website, the US accepted Pakistan’s accession to the convention on July 1. It said that the convention would put in place an internationally recognized legal framework to resolve cases of parental child abduction between the two countries.

As partners, we will enhance our shared commitment to protecting children and open a new chapter in the vibrant US-Pakistan relationship…Preventing and resolving cases of international parental child abduction is one of the Department’s highest priorities.

The Department will continue to engage with Pakistani government officials regarding the partnership:

We look forward to welcoming Pakistan as a new partner in this global effort to address international parental child abduction.

If you need assistance with issues regarding International Child Abduction. You don’t have to go it alone.

Schedule a Consultation 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.

Masters Law Group has comprehensive 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.

Contact us here today to schedule a consultation.

Navigating 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 that can yield beneficial results when it is implemented correctly and appropriately.

The History of 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.

This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983.

These participating countries are also included in a large treaty that governs the way different 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 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.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches the rights of custody attributed to a person or any other body and if at the time of remove or retention those rights were actually exercised. Even if a parent already has legal custody of a child, the Convention is needed because U.S. court orders may not be recognized in other countries and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

As of July 2019, there are 101 states are a party to the convention.

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:

  • 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.

Defenses/Objections

If the conditions for the return of a child to the country of habitual residence are established, there are at least six possible defenses, or exceptions to the mandatory return of a child. The burden of proof rests firmly upon the parent who opposes the return.

Under the Convention, a court may deny return of an abducted child if one of the following defenses apply:

  • 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;
  • The child objects to being returned and has attained an age and degree of maturity at which the court can take account of the child’s views; or
  • More than one year has passed since the wrongful removal or retention occurred and the child has become settled in his or her new environment.
  • The party seeking return consented to or subsequently acquiesced to the child’s removal or retention.
  • The return would violate the fundamental principles of human rights and fundamental freedoms in the country where the child is being held.
  • The party seeking return was not actually exercising rights of custody at the time of the wrongful removal or retention;

Note: Interpretation of these exceptions varies from country to country.

Outcomes

If a court decides that a child must be returned to its country of habitual residence, it may make the return contingent upon certain “undertakings” from the petitioning parent. These may include: 

  • A requirement that the petitioner pay for the respondent and child to travel to the country where the child habitually resides.
  • A requirement that the petitioner make appropriate housing arrangements for the respondent and child in the country where the child habitually resides.
  • A requirement that the petitioner pay 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 (e.g., supervised) contact with the child once the child returns to the country of the habitual residence.

As you can see, international custody disputes are almost always extremely complex and delicate situations, and you should not attempt to navigate them without the assistance of a knowledgeable and experienced attorney.

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 case here. 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. Taking in mind my difficult financial situation, Erin even agreed to provide the service for the reduced fee.

I will gladly recommend Erin Masters and Anthony Joseph to represent any of my friends and family in need of an excellent and highly professional family attorney.

— Aistė Šulcaitė

Final Thoughts

Instead of trying to figure out international law issues alone, contact the Family Law Attorneys at Masters Law Group. 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. 

Masters Law Group Case Review: Hague Convention on Civil Aspects of International Child Abduction.

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty between signatory countries (or “contracting states”) that provides for the prompt return of an abducted child to his or her country of habitual residence. Here, Masters Law Group fought, and won a landmark ruling in favor of our client.

CASE OVERVIEW

The husband filed a petition for the return of his two children, (a two year old and eight-month old) who were taken from their residence in Mexico to Wisconsin, USA by his wife – the mother of the two children – represented by Masters Law Group LLC in the Eastern District of Wisconsin United States District Court where the Law Firm of Conway, Olejniczak & Jerry, S.C. served as local counsel.

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 DETAILS

In this case, the mother removed the children from where the family was living in Mexico, and took them to Wisconsin.. The father then commenced an action for the return of the children under the Hague Convention. For the reasons that follow, the Court denied the father’s petition.

CASE RESULTS

ICARA AND THE HAGUE CONVENTION Under the ICARA, a petitioner seeking return of a child must establish by a preponderance of the evidence that the child has been wrongfully removed or retained within the meaning of the Convention.

The removal or retention of a child is to be considered wrongful where – (a) it is a breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and (b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

But “[b]ecause children, especially those too young or otherwise unable to acclimate, depend on their parents as caregivers,” the Monasky Court noted that “the intentions and circumstances of caregiving parents are relevant considerations.” Id. at 727. Importantly, with respect to children, the Court explained that “an infant’s ‘mere physical presence’ . . . is not a dispositive indicator of an infant’s habitual residence.” Id. at 729. “No single fact, however, is dispositive across all cases.”

Based on the foregoing case details (found here),details the court found that the grave risk exception applied and held that returning the children to Mexico and separating them from their mother would expose them to a grave risk of psychological harm or otherwise place them in an intolerable situation. Case 1:20-cv-01028-WCG Filed 10/16/20 Page 9 of 10 Document 102.

CONCLUSION

In sum, the court found that the father has failed to meet his burden of establishing by a preponderance of the evidence that his children were habitual residents of Mexico. In addition, the court found by clear and convincing evidence 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 the children in the United States was not wrongful within the meaning of the Convention. The petition is therefore denied, and this action is dismissed.

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.