Tag Archive for: Illinois Hague Convention Lawyer

Hague Convention Hazards During The Holidays

The holiday season is a time when families gather to celebrate and forge cherished memories. However, this festive period can be an emotionally charged time for separated parents, especially for families entangled in international custody disputes.

In such situations, the Hague Convention on the Civil Aspects of International Child Abduction becomes a critical legal framework to address the intricate challenges that arise during this time of year.

In this blog, we will explore the potential hazards associated with the Hague Convention during the holidays and discuss how a Hague Attorney can guide you in navigating these complex laws. Here’s what you need to know.

Understanding The Hague Convention

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) was enacted into law through the International Child Abduction Remedies Act (“ICARA”), which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

It’s important to note that the Hague Convention does not address custody or visitation rights issues but instead focuses on the prompt return of the child to their country of habitual residence. Preparing for challenges is essential, as international custody disputes can be emotionally demanding. Let’s look at some of the key hazards to watch out for this holiday season.

1. Travel Restrictions

One of the key hazards of the Hague Convention during the holidays is the potential for travel restrictions. If a parent believes that their child has been wrongfully removed or retained in violation of the Convention, they may initiate legal proceedings in the child’s country of habitual residence. This can lead to court orders restricting the child’s ability to travel during the holiday season, which can be especially distressing for both the child and the parent seeking their return.

Implementing travel restrictions can be logistically complex. It may require coordination between legal authorities, immigration agencies, and airlines, further complicating the situation. It is crucial for all parties involved to work closely with Hague Lawyer, who is well-versed in international child abduction cases. These professionals can help navigate the legal process efficiently and advocate for the child’s best interests.

2. Parental Responsibility Disputes

The holiday season is meant to be a time of joy and celebration. Still, for families facing child custody disputes, it can often evolve into a period of heightened tension and conflict. Custody battles are emotionally taxing under any circumstances. Still, when international elements come into play, their complexities can escalate, necessitating legal intervention to achieve a resolution that genuinely serves the children’s best interests. Taking proactive steps to protect their well-being becomes paramount. Your Hague attorney may recommend several preventive measures, including:

  1. Obtaining a clear parenting plan that outlines each parent’s rights and responsibilities, including any necessary travel restrictions.
  2. Adding your child’s name to a watchlist to prevent unauthorized removal from the country.
  3. Securing a court order may involve temporarily surrendering your child’s passport or imposing specific restrictions on international travel.
  4. Collaborating with your child’s school to establish enhanced security measures and emergency protocols.

By implementing these proactive measures, you can better navigate the complexities of international child custody disputes, protecting your child’s interests and well-being during a time of joy and togetherness.

3. Timing Constrictions

Different countries have varying interpretations and parents for applying The Hague Convention. Hague Convention cases are time-consuming, and delays can significantly impact the outcome. The holiday season can lead to court closures, reduced availability, and scheduling conflicts. All of which can impede the timely resolution of the case.

Parental child abductions can escalate rapidly, especially during the holidays when parents may attempt to seize their children for extended periods. This urgency requires swift and informed legal action. Navigating these legal complexities can be overwhelming without the guidance of a family law attorney.

4. Language Barriers

Language barriers can pose a significant challenge in cases involving the Hague Convention. Parents from different countries may not share a common language in custody disputes. This can hinder effective communication and understanding between the parties involved, including parents, legal professionals, and the child.

To mitigate this hazard, it’s essential to work with legal professionals experienced in international child abduction cases and have access to translation services when necessary. Additionally, parties involved should try to find common ground and help ensure effective communication to reach a resolution that prioritizes the child’s best interests.

How a Child Abduction Lawyer Can Help

Working with a Hague attorney increases the likelihood of resolving your dispute efficiently and effectively. Hague attorneys can help guide you through the complex legal processes and advocate for your rights. One of the main advantages of working with a Hague attorney is their experience in mediation and negotiation. These methods aim to resolve custody disputes outside of court by facilitating constructive dialogue and finding mutually agreeable solutions.

At Masters Law Group, we have extensive knowledge in handling cases involving international child abduction and custody disputes. Our Hague attorneys understand the importance of finding a resolution that aligns with your goals. We prioritize open communication with our clients and strive to provide personalized attention to address your concerns and help ensure you are well-informed throughout the legal process. 

Here are a few recent Hague decisions we have successfully managed:

Final thoughts

Dealing with Hague Convention-related issues during the holidays can be daunting, but you don’t have to face it alone. Seeking the assistance of a knowledgeable Hague attorney can make all the difference in navigating international child abduction cases.

Erin Masters and Anthony Joseph have extensive experience in successfully handling cases involving international child custody disputes, representing clients in the United States federal court system. If you or someone you know is facing international parental child abduction, reach out to us today.

Contact us today to schedule your complimentary 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.

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.

 

What Can Be Done About International Parental Abduction

Every day, children are wrongfully removed from the United States or retained outside of the United States in violation of parental rights. Whether trying identifying risk factors or your child/children have been removed from their habitual residence, knowing your legal options through The Hague Convention could prove detrimental in protecting victims involved. 

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.

“International parental [abduction] 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 (July 2018), page 3.

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.

PREVENTION TIPS

There are several tips to try and prevent international child abduction from taking place. As per Travel.State.Gov:

  • Take action if you think the other parent has taken your child.
  • Get a court order or custody decree: A clear court order may be the most important preventative measure. For example, court orders may include provisions addressing passports, travel restrictions, or custody.
  • Consult an attorney: We strongly encourage parents to consult with an attorney regarding their particular circumstances, including the possibility of obtaining an order that prohibits the child from traveling outside of the United States.
  • Be aware of warning signs: Be on the alert for sudden changes in the other parent’s life, such as quitting a job or selling a home, that may be made in preparation to relocate. For more information, click on the Travel.State.Gov Resources for Parents page.
  • Notify local law enforcement and give them copies of any court orders, including custody, protection, and restraining orders.
  • Consider contacting a country’s foreign embassy or consulate if your child is or may be a dual national of that country. If one parent is a citizen of another country, for example, your child may have claims to a foreign nationality and therefore be able to obtain a passport from that country. See the Travel.State.Gov FAQs for more information on dual nationality.
  • Be aware the United States does not have exit controls or require two-parent consent for a minor to travel across international borders. Law enforcement may be unable to prevent an abduction without a valid court order clearly prohibiting the child’s travel outside of the United States.

RETURNING OF THE CHILD/CHILDREN

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. A parent who is left behind when a child is abducted to another country faces daunting obstacles to finding and recovering the child.

The return of internationally abducted children is often settled through negotiation or with the left-behind parent 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. 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.

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.

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.