Tag Archive for: Hague convention

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.

How to Handle Out of State Child Support Cases in Illinois

The purpose of a child support order is to help ensure children receive the care they need. But what happens when one parent is ordered to pay child support out of state? Or even outside of the United States?

In Illinois, there are specific laws and procedures in place to handle out-of-state child support cases. This includes those involving international borders and the Hague Convention. Here’s what you need to know about handling out of state child support cases in Illinois.

What is Child Support?

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

Understanding the Uniform Interstate Family Support Act (UIFSA)

The Uniform Interstate Family Support Act (UIFSA) provides a framework for child support cases when parents live in different states. Illinois, like most other states, has adopted UIFSA. This means that if the non-custodial parent lives in another state, Illinois can still enforce the child support order.

Under UIFSA, the state where the child resides has jurisdiction over the case. The state where the non-custodial parent lives must follow the laws of the state where the child resides. If you are facing child support issues across state lines, it is crucial to work with a family law attorney who can navigate the complexities of UIFSA and help you achieve a favorable outcome.

Seeking Assistance from the Illinois Child Support Services (CSS)

In the event that the non-custodial parent lives out of state, but you have a child support order in Illinois, the Department of Illinois Child Support Services (DCSS) can provide assistance. DCSS offers the following services to help you:

  • Enforcing the child support order across state lines
  • Modifying the child support order if necessary
  • Establishing paternity
  • Locating the non-custodial parent

DCSS can also work with the federal government to enforce child support orders across international borders. However, it’s important to note that DCSS is not able to provide legal advice and cannot help with the following:

  • Obtaining a divorce or property settlement
  • Modifying a custody or visitation order
  • Obtaining an order for college expenses.

Enforcing Child Support Orders Across International Borders

Illinois can enforce a child support order even if the non-custodial parent lives in another country. OCSE is the U.S. Central Authority for international child support. They work with states and countries to provide assistance to families seeking support when family members live in different countries.

U.S. states process cases with certain countries under different types of reciprocity arrangements, including:

  • Hague Convention countries — countries that have joined the Hague Child Support Convention, and
  • Foreign reciprocating countries (FRCs) — countries and Canadian provinces/territories that have bilateral arrangements with the U.S. government and have not joined the Hague Convention.

Since 2017, the U.S. has participated in an international agreement to streamline child support arrangements around the world, and collecting support from parents who move overseas is now possible in many countries. The purpose of the Hague Convention is to protect children from the harmful effects of international abduction by a parent by encouraging the quick return of the child to their country of habitual residence. Additionally it helps to organize and secure the effective rights of access to a child. Over 80 countries, including the United States are members of the Convention.

According to the Hague Convention, Illinois has the authority to request that the country where the non-custodial parent resides enforces the child support order. As long as the child support order is recognized in that country’s legal system, the country is obligated to comply with the request.

If you are dealing with child support issues across national or international borders, it is essential to work with a knowledgeable family law attorney. Law firms with extensive experience in cases involving international disputes can guide you through the complexities of the Hague Convention and help you protect the best interests of your child.

Working with a Hague Convention Lawyer

When faced with desperate situations, some parents may resort to non-legal means of retrieving their child, such as traveling to the foreign country themselves. However, it’s important to understand that such extra-judicial methods can breach both U.S. federal laws and foreign country laws, and may even make the situation worse.

To ensure the safety and well-being of everyone involved, it’s recommended to hire a Hague Convention lawyer. Masters Law Group can provide expert guidance and support throughout the Hague process to ensure the best possible outcome for all parties concerned.

To read some of our Featured Hague Decisions, see below:

About Masters Law Group

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

Don’t navigate international law issues alone, trust the knowledge of the attorneys at Masters Law Group. We are passionate advocates for our clients and we work tirelessly to achieve a favorable outcomes for you and your child/children.

To schedule a consultation with one of our attorneys, contact us here today.

Hague Convention – International Child Abduction – Washington State

International parental abductions of U.S. children have been reported in countries all over the world, including Australia, Brazil, Canada, Colombia, Germany, India, Japan, Mexico, Philippines, and the United Kingdom. Navigating international child abduction cases in Washington State can be a legal minefield. During these situations, knowing your legal rights and options through the Hague Convention could prove detrimental to protecting the victims involved.

“International parental kidnapping can have serious emotional, psychological, and even physical consequences for the abducted child.”

– A Law Enforcement Guide on International Parental Kidnapping, U.S. Department of Justice

Every day, children are wrongfully removed from their residing homes and taken to a foreign country, in violation of parental rights.

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.

Here’s everything you need to know about international child abduction and the Hague Convention for residents of Washington State.

WHAT IS THE HAGUE CONVENTION? 

The Hague Convention on Civil Aspects on International Child Abduction 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 their custody may petition for the child’s return to their country of habitual residence. This treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December of 1983.

The countries that participate are also included in a large treaty that governs the way different legal systems work together. The two main goals were to:

  • 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.

FILING A CASE UNDER THE HAGUE CONVENTION IN WASHINGTON STATE

Filing a case under the Hague Convention doesn’t immediately guarantee the return of a child. First, the following must be demonstrated:

  1. The child was habitually residing in one Convention country and was wrongfully removed or retained to another.
  2. The removal or retention was considered wrongful if it was in violation of custodial rights and those rights were being exercised at the time of removal or retention.
  3. The Convention was in force between the two countries at the time of wrongful removal or retention.
  4. The child is under 16 years of age.

RETURNING OF THE CHILD

If your child/children have been wrongfully removed from your home in Washington State and taken overseas, you need to move fast.

The return of an internationally abducted child is often settled through negotiation or with the left-behind parents filing a civil petition pursuant through the Hague Convention. Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. 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.

POSSIBLE DEFENSES AGAINST THE HAGUE CONVENTION

Under the Hague Convention, a court may deny the return of a child if one of the following applies:

  • 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.
  • More than one year has passed since the wrongful removal or retention occurred and the child has settled in their 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 county where the child is being held.
  • The party seeking return was not exercising the right of custody at the time of the wrongful removal or retention.

HIRING A HAGUE CONVENTION LAWYER 

In acts of desperation, some parents may consider using extra-judicial forms of recovery, such as personally traveling to the foreign country to recover a child. Although it may seem easier and faster to use extra-judicial methods, they often violate U.S. federal laws and the laws of the foreign country involved, and may potentially exacerbate the situation.

With the difficulty of international child abduction and Hague Convention cases, you should instead hire an attorney with extensive international law experience and Hague Convention cases across the globe. Ultimately, working with the family court system to resolve custody issues is the best avenue for ensuring the safety of all parents and children involved.

About Masters Law Group

At Masters Law Group, we are highly experienced in international and family law matters. Our goal is to make the legal system easier to navigate for our clients. We will make sure you clearly understand the legal situation and your rights so you can make the best decisions for you and your family.

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 clients in these high-stakes proceedings.

Contact us to schedule your consultation here today. 

How to Help Prevent International Child Abduction in 2023

Asides from extreme vigilance, there are steps you can take to help prevent International Parental Child Abduction, and there are steps to take if you or your family have fallen victim to these high-stakes legal issues. 

International child custody and parental abduction issues can be both complex and costly to resolve. Unfortunately, parents without global connections can increase the risk of the other parent removing the child to another country without their consent. This is where we come in.

Whether the child is only a few miles south or north of the border or across the globe, parents need to understand how to prevent international parental child abduction from happening. Here’s what you need to know in order to protect you and your family in 2023.

How International Child Abduction Occurs

There are several scenarios where parental abduction can happen. One of the most popular scenarios is when one parent without advance agreement, leaves for another country with their children. Regardless of the situation, you must know your rights as a parent involved within an international family.

As an international family, you may have a lot of trust in your partner. If you are part of an international family, you may believe that your partner would never remove your child to another country without your permission. Unfortunately, circumstances can change. It is important for international and multicultural families to anticipate the possibility of a child being removed or kept from their home country, and learn how to take measures to prevent it.

How To Help Prevent International Parental Child Abduction

As a parent experiencing this frightening situation, your first line of defense is to have a clearly documented parenting plan in place. This plan should clearly define the child’s home state. In Illinois, child custody laws will typically fall in favor of what’s best in the interests of the child. A parenting plan will usually recognize the following:

  • The continuity of the parent-child relationship typically is in the child’s best interest.
  • The needs of children change and grow as they mature.
  • Custodial parents make daily decisions (including emergencies) while the child is with that particular parent.
  • Both parents are to have access to a child’s official records.

By having a parenting plan in place it will give you and your child an added layer of protection should they be abducted in the future. However, it’s always best to consult an experienced family law attorney regarding effective travel consent letters and their limitations.

Hague Law and Responding to International Child Custody Issues

If you’re a parent in the U.S. who has had their child taken across border lines, it’s important to know that there are laws in place that can help you get your child back.

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, such as in an uncontested divorce case where one parent has sole legal custody and primary physical custody prior to abduction by another parent; The Hague Convention applies because it supersedes any conflicting state law.

Final Thoughts

If you have fallen victim to international child abduction, it’s important to know what resources are available. At Masters Law Group, our team of knowledgeable and highy experienced attorneys are here to help you through this process. 

Our 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.

Contact us 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.

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.

Who Does the Hague Convention Apply To?

If you believe you might be facing the terrifying situation of International Child Abduction, you will need to determine whether the Hague Convention treaty is “in force” between the U.S. and the other country involved. 

In a nutshell, the Hague Abduction Convention is an international agreement to safeguard intercountry adoptions. An application may be made when a child is taken or retained across an international border, away from his or her habitual residence, without the consent of a parent who has rights of custody under the law of the habitual residence, if the two countries are parties to the Convention. The child must be promptly returned to the habitual residence unless the return will create a grave risk of harm to the child or another limited exception is established.

The Convention has the child’s best interest, and provides a shared civil remedy among partner countries. Depending on where your child was taken determines whether the Convention is “in force” between nations. It is therefore important to determine whether the Convention is in force with the particular country in question and when the Convention went into force between the U.S. and the other country.

HAGUE CONVENTION & ITS BACKGROUND

The Hague Convention is essentially a treaty that many countries, along with the US have joined. On May 29, 1993, the Convention established international standards of practices for intercountry adoptions. The United States signed the Convention in 1994, and the Convention entered into force for the United States on April 1, 2008. 

How do you determine whether the treaty is “in force” between the U.S. and the other country involved? The Federal Judicial Center explains with the following:

‘The issue of whether the Convention is “in force” between states can be complex. There are differences in the processes by which a state can be bound by the treaty, specifically between those who are “member states” and those who become “party states.” 

Member states are states that were members of The Hague Conference on Private International Law at the time of adoption of the Child Abduction Convention at the 14th Session in 1980.

The differences between the two is the following:

  • Actions by member states include ratifications, approvals, or acceptances.
  • Party states are all other countries that agree to be bound by the Convention and “accede” to the Convention.

For member states, the ratification by one member state causes the convention to automatically come into force between that ratifying member state and all other previously ratifying member states. However, when a member state ratifies the Convention, the Convention does not automatically enter into force between that state and a party state that has acceded to the convention.

The treaty “enters into force” between two countries when they are both bound by the Convention. In order for the Convention to enter into force between a member state and a party state, the member state must expressly accept the accession by the party state. 

The same applies to the accession of one party state vis-á-vis another acceding party state; that is, the accession must be specifically accepted by the previously acceding party state.’

101 states are a party to the convention. Like extradition treaties, some countries that have signed a Hague Convention treaty with the United States are noncompliant or refuse to hold up the terms of the treaty.

LIST OF U.S HAGUE CONVENTION TREATY PARTNERS

Below are the countries that participate in the Hague Convention and are “in force” with the United States of America. You can find the official list with dates and more here.

country pop2022 hagueConventionEntryDate
Andorra 77.463 1/1/2017
Argentina 46010.234 6/1/1991
Armenia 2971.966 3/1/2018
Australia 26068.792 7/1/1988
Austria 9066.71 10/1/1988
Bahamas 400.516 1/1/1994
Belgium 11668.278 5/1/1999
Belize 412.19 11/1/1989
Bosnia and Herzegovina 3249.317 12/1/1991
Brazil 215353.593 12/1/2003
Bulgaria 6844.597 2005/01//01
Burkina Faso 22102.838 11/1/1992
Canada 38388.419 7/1/1988
Chile 19250.195 7/1/1994
Colombia 51512.762 6/1/1996
Costa Rica 5182.354 1/1/2008
Croatia 4059.286 12/1/1991
Cyprus 1223.387 3/1/1995
Czech Republic 10736.784 3/1/1998
Denmark 5834.95 7/1/1991
Dominican Republic 11056.37 6/1/2007
Ecuador 18113.361 4/1/1992
El Salvador 6550.389 6/1/2007
Estonia 1321.91 5/1/2007
Fiji 909.466 5/1/2017
Finland 5554.96 8/1/1994
France 65584.518 7/1/1988
Germany 83883.596 12/1/1990
Greece 10316.637 6/1/1993
Guatemala 18584.039 1/1/2008
Honduras 10221.247 6/1/1994
Hong Kong 7604.299 9/1/1997
Hungary 9606.259 7/1/1988
Iceland 345.393 12/1/1996
Ireland 5020.199 10/1/1991
Israel 8922.892 12/1/1991
Italy 60262.77 5/1/1995
Jamaica 2985.094 4/1/2019
Japan 125584.838 4/1/2014
Latvia 1848.837 5/1/2007
Lithuania 2661.708 5/1/2007
Luxembourg 642.371 7/1/1988
Macau 667.49 3/1/1999
Malta 444.033 2/1/2003
Mauritius 1274.727 10/1/1993
Mexico 131562.772 10/1/1991
Monaco 39.783 6/1/1993
Montenegro 627.95 12/1/1991
Morocco 37772.756 12/1/2012
Netherlands 17211.447 9/1/1990
New Zealand 4898.203 10/1/1991
Norway 5511.37 4/1/1989
Panama 4446.964 6/1/1994
Paraguay 7305.843 1/1/2008
Peru 33684.208 6/1/2007
Poland 37739.785 11/1/1992
Portugal 10140.57 7/1/1988
Romania 19031.335 6/1/1993
Saint Kitts and Nevis 53.871 6/1/1995
San Marino 34.085 1/1/2008
Serbia 8653.016 12/1/1991
Singapore 5943.546 5/1/2012
Slovakia 5460.193 2/1/2001
Slovenia 2078.034 4/1/1995
South Africa 60756.135 11/1/1997
South Korea 51329.899 11/1/2013
Spain 46719.142 7/1/1988
Sri Lanka 21575.842 1/1/2008
Sweden 10218.971 6/1/1989
Switzerland 8773.637 7/1/1988
Thailand 70078.203 4/1/2016
Trinidad and Tobago 1406.585 8/1/2013
Turkey 85561.976 8/1/2000
Ukraine 43192.122 9/1/2007
United Kingdom 68497.907 7/1/1988
Uruguay 3496.016 9/1/2004
Venezuela 29266.991 1/1/1997
Zimbabwe 15331.428 8/1/1995

Export the list here. 

FINAL THOUGHTS

Most of the world, including the United States, belongs to the Hague Convention, and they 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 laws that go along with 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”) 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. 

Browse Our Featured Hague Decisions:

Contact us here today to set up a complimentary consultation.

 

Hague Convention – International Child Abduction Questions and Answers

What is the Hague Convention? Can I protect my child from Parental Child Abduction? What should I do if my child is taken across state or international borders? Find all the answers to these time-sensitive, high-stakes questions here. 

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.

While there is a lot of information out there about the Hague Convention, we decided to make a list of the most frequently asked questions. Here’s what you need to know if you are facing the frightening situation of International Child Abduction.

What is the Hague Convention?

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

The overall purpose of the Convention is to protect children from the harmful effects of international abduction by a parent by encouraging the speedy return of an abducted child to their country of habitual residence. As well as to organize and secure the effective rights of access to a child.

What Countries does the Hague Convention include? 

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

My Ex wants to move out of state with our child. What can I do?

First off, it’s important to note that your options will depend on a number of different factors, and we want to provide you with some general information below. If your former spouse makes the decision that they want to move out of state with your child, they must first notify you of the move. 

The notice they give you must state the date they intend to move, the address of their new home, and how long they intend to remain in the new location. They must deliver the notice to you at least 60 days before they move unless they have a court order that specifies different instructions.

You can sign the notice if you approve of the move and your former spouse will then file the notice with the court. Of course, you do not have to consent to the move. If your spouse moves out of state with the child without your consent, or without sending you notice, it is considered parental kidnapping or child abduction.

If you don’t consent to the move with your child, your ex has two options. They can either agree not to move out of state with the child, or they can petition the court to overrule you and allow the move. If your ex petitions the court and asks them to allow the move, you and your former spouse must attend a court hearing. During the hearing, a family law judge will take many factors into consideration and then deliver their decision.

Like when making child custody decisions, the judge will take many factors into consideration. All of the factors are guided by what is in the best interests of the child. However, if your ex wants to move for a better-paying job that would allow them to better care for the child, the judge may consider the move in the best interests of the child.

What are the defenses to a petition for the return of my child?

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.

How do I initiate the process of International Parental Child Abduction?

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 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.

How do I find a reputable parental child abduction attorney?

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

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:

If your former spouse wants to move out of state or cross international borders with your child against your consent, or they already have, our skilled and experienced team can help. 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.

Contact us today to schedule a free consultation so we can discuss your case immediately.

 

Why the Hague Convention Could Matter in Your Child Custody Case

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. Let’s take a look into the implications of International Child Custody cases and how The Hague Convention can help. 

While legal issues with Child Custody (now known as Allocation of 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 Hague Convention should this occur. Rest assured, these issues can be handled with caution and care by the Family Law Attorneys at Masters Law Group. Our seasoned attorneys have extensive knowledge and experience in handling international child custody cases under the Hague Convention.

The biggest issue in determining custody issues is where the children reside, as that is typically where the custody battle will take place. Here’s an extensive look on why it’s important to be familiar with the Hague Convention and what it could mean for your international child custody case.

Why the Hague Convention is Important

Firstly, what is The Hague Convention? 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.

Convention Framework

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 when the 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.

Presenting a custody order is not needed to prove that a parents custodial rights were violated when the child was taken from their country; this can be proven by showing proof of parenthood or marriage. When a child is returned to his/her habitual residence, it does not depend on the immigration status/or nationality of a child or his or her parents. 

The Court May Deny Return

Under certain circumstances, the court may deny the return of the child. It’s important to note that these exceptions can vary from country to country. 

Here are some reasons where the court may deny return:

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

The Hague Convention establishes numerous procedures for contacting each country and coordination in an international child abduction. According to the treaty, a suit for the return of the child is given priority, and courts typically make decisions within six weeks.

Get the Help You Need

High-stakes international child disputes are not going away. If you are facing such a case, you need to act fast. An attorney must be ready to file a Hague Convention application and institute or defend a Hague Convention lawsuit on extremely short notice. This is why it’s extremely important to locate counsel with knowledge and experience in Hague proceedings. 

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. 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.

Our Featured Hague Decisions:

Contact us today to schedule a consultation.