Tag Archive for: International Child abduction

Understanding the Hague Convention: What U.S Families Need to Know

Understanding the Hague Convention is crucial for families across America facing international custody disputes.

International family law can be complex and challenging, especially concerning child custody disputes. The Hague Convention on the Civil Aspects of International Child Abduction, aka the Hague Convention, is an international treaty that protects children from parental abduction across international borders. In this blog, we will explore the critical aspects of the Hague Convention and what American families must know. 

What is the Hague Convention?

The Hague Convention is an international agreement that provides a legal framework for the prompt return of children who have been wrongfully removed or retained outside their home country. The convention guarantees that parents must return children involved in international custody cases to their habitual residence. This deters parents from attempting to relocate children across borders without the other parent’s consent or a court order.

The original Hague Conventions of 1899 and 1907 were massive, multi-part international treaties that established certain guidelines of international law, including rules of engagement that countries agreed to follow during times of war. In the decades since, many additional Hague conventions have taken place and the Hague Conference on Private International Law (HCCH) was established as a permanent organization with the goal of establishing and supporting a set of unified international laws.

Each section and installment of the Hague Conventions has been signed, ratified, and entered into force by a different selection of countries. As such, any list of “Hague countries” based upon a single convention would be suspect and inadequate. However, as of March 2022, the HCCH itself includes 91 permanent members: 90 countries (nearly all of which are also members of the United Nations) and the European Union itself, which is classified as a “Regional Economic Integration Organisation (REIO). HCCH also includes 65 “connected parties” which are not full members, but are either in the process of becoming a member or have signed, ratified or agreed to observe one or more HCCH Conventions (full list can be found here).

How does the Hague Convention work?

The left-behind parent can initiate legal proceedings for the child’s return when someone wrongfully removes or retains them in a Hague Convention country. The central authority in the country where the child is located, such as the U.S. Department of State’s Office of Children’s Issues, plays a crucial role in coordinating efforts to find the child and facilitate their return.

Under the Hague Convention, the child’s return is the primary objective, and the legal proceedings focus on determining the child’s habitual residence and whether their removal or retention violated the custody rights of the left-behind parent. 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. 

What should U.S-based families know?

The United States signed the Convention in 1994, and the Convention entered into force for the United States on April 1, 2008.

American families need to understand the importance of the Hague Convention when they find themselves involved in international custody disputes. If you find yourself in this situation, here are some tips you can follow.

  • Prompt action is crucial: If you believe your child has been wrongfully removed or retained in a Hague Convention country, it is essential to act promptly. Initiating legal proceedings increases the chances of a successful resolution.
  • Contact the central authority: In the United States, the Office of Children’s Issues within the U.S. Department of State serves as the foremost authority for Hague Convention matters. They can provide valuable information, resources, and assistance locating and returning your child.
  • Gather evidence: It is essential to gather evidence demonstrating your child’s habitual residence and the wrongful removal or retention. Documentation such as birth certificates, custody orders, and communication records can strengthen your case.
  • Consulting with a family law attorney: A family law attorney with experience in Hague law matters is highly recommended. They can guide you through the legal process and help you navigate the complexities of the Hague Convention.

It’s essential to prepare for challenges. International custody disputes can be emotionally demanding. Preparing for language barriers and cultural differences can also lengthen the process.

Working With A Hauge Attorney

Engaging a Hague attorney increases the likelihood of resolving your custody dispute efficiently and effectively. These attorneys deeply understand the Hague Convention and its application in the United States. They can guide you through the complex legal processes and advocate for your rights and interests. One of the primary 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 understand the complexities involved in international custody disputes and the importance of finding a resolution that aligns with your objectives. Our attorneys will tirelessly advocate for your interests and work towards a favorable outcome. We prioritize open communication with our clients and strive to provide personalized attention to address your concerns and ensure you are well-informed throughout the legal process.

Final Thoughts

Understanding the Hague Convention is essential for families across America facing international custody disputes. Erin Masters and Anthony Joseph have extensive knowledge in handling cases involving international child custody disputes, representing clients in the United States federal court system.

To demonstrate our competence, here are a few recent Hague decisions we have successfully managed:

If you or someone you know is facing the distressing possibility of international parental child abduction, please do not hesitate to reach us.

Contact us today to schedule your complimentary consultation.

Mastering Hague Law With Masters

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

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

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

Understanding The Hague Convention on Civil Aspects of International Child Abduction

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

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

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

What Countries Are a Part of  The Hague Convention?

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

For a full list of participating treaties, click here. 

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

Hiring A Hague Lawyer

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

Some preventative measures that your attorney may recommend include:

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

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

Working With Masters Law Group

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

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

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

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

Schedule your complimentary consultation here today.

What is The Hague Convention? (INTERNATIONAL CHILD ABDUCTION)

The Hague Convention on the Civil Aspects of International Child Abduction provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The powerful international treaty can yield beneficial results when implemented correctly and appropriately.

The Hague Convention has been in the headlines recently regarding the war with Russia and Ukraine. This has left many across the globe asking, “What is the Hague Convention?”.

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

The International Criminal Court in the Hague has issued an arrest warrant against Russian President Vladimir Putin. It accuses him of being responsible for war crimes in Ukraine, including the unlawful deportation of children. Russia’s Commissioner for Children’s Rights, Ms Maria Lvova-Belova, is also subject to an arrest warrant.

According to Ukraine, tens of thousands of possible war crimes have been carried out by Russian forces since they invaded Ukraine in February last year. The Hague Convention doesn’t just apply to war crimes; it also affects everyday civilians across the globe when their child has been wrongfully removed from their habitual residence.

Divorce and The Hague Convention

When parents divorce, deciding how to handle issues regarding their children can be intense. When parents originate from separate countries, these disputes can quickly become complicated, especially when one parent attempts to move children across international borders.

When this happens, you need a Hauge lawyer who is highly experienced in international law. They understand how to settle matters of jurisdiction involving courts in the United States and other countries across the globe (if these nations are a part of the convention).

The Hague Convention’s applicability can be determined by two factors:

(1) whether both parents have consented to their child’s removal from one country to another; or

(2) if a child has been wrongfully removed from one country and brought into another country without either parent’s consent.

Hauge Law is created in order to protect you and your family both nationally and internationally.

INITIATING THE PROCESS

Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Maybe a parent moved internationally in violation of a custody agreement.

Filing a case under the Convention does not guarantee that your child will be returned. To obtain the return of your child through a Hague proceeding, you must first be able to demonstrate the following:

  • That your child was habitually resident in one Convention country and was wrongfully removed to or retained in another Convention country;
  • The removal or retention of your child is considered wrongful if it was in violation of your custodial rights, and you were exercising those rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
  • The Convention must have been in force between the two countries when the wrongful removal or retention occurred (the dates are different for every country); (Note: In many instances, when a country accedes to the Convention, it is not automatically partners with all of the other countries who have ratified or acceded to the Convention.  Countries must accept another country’s accession to the Convention under the terms described in the Convention before a treaty partnership is created.
  • The child is under the age of 16.

WHY CHOOSE MASTERS LAW GROUP?

International custody issues can be incredibly difficult to deal with as a parent because of the concern you have for the safety and security of your child, and should be handled properly by a knowledgeable attorney.

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

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

 

I had a very difficult case in the United States Federal Court. My ex husband filed a Petition against me under the Hague Convention on Civil Aspects of International Child abduction asking to return our two sons to Lithuania. Seeking for the legal representation, I was advised by the U.S. Department of State to contact lawyer Erin E. Masters. I was so lucky to have the team of the best lawyers Erin E. Masters and Anthony G. Joseph representing me in this difficult trial.

They represented with the highest standards of law, but also provided support and empathy through the process. The communication was fantastic, always answered every question, explained every situation and possible outcome. As it was a very fast track case, Erin and Anthony worked hard including weekends to prepare everything for the hearing. There was only one hearing and the Decision was totally in my favor. All my family, especially the kids, are very grateful! It is also fair to mention that the legal expenses for the amount of services provided was very very reasonable.

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

— Aistė Šulcaitė

FINAL THOUGHTS

Instead of trying to figure out international law issues alone, contact the Family Law Attorneys at Masters Law Group. Serving clients in Cook County and DuPage County Illinois, our experienced team will help you navigate the legal complexities of your case and are committed to vigorously representing you in these frightening, high-stakes proceedings.

Contact us to schedule your consultation here today. 

Featured Hague Decisions:

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

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

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

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

In this recent case, the husband – represented by Masters Law Group –  filed a petition for the return of his child who was taken from his residence in Cyprus to the United States by his wife – the mother of the child.  The Hague Convention provides that a parent whose child has been wrongfully removed or retained in the United States may petition for the child’s return to his or her country of habitual residence.

CASE OVERVIEW

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

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

CASE DETAILS

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

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

CASE RESULTS

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

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

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

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

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

CONCLUSION

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

READ THE FULL CASE REVIEW HERE

HAGUE CONVENTION – INTERNATIONAL CHILD ABDUCTION LAW WITH MASTERS LAW GROUP

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

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

SCHEDULE A CONSULTATION

If you are faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction involving the United States, work with the experienced lawyers at Masters Law Group. Contact us here today to schedule a consultation.

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 California

International Parental Child Abduction is on the rise. Here’s what you need to know.

International child abduction cases can be extremely difficult and delicate situations. The Hague Convention was enacted into law 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. Navigating this law can be tricky and if you’re in a situation where the Hague Convention is applicable, it’s important to have an attorney that’s highly experienced in international law.

Luckily, the award-winning attorneys at Masters Law Group have successfully represented clients in such cases across the country and globe; including cases involving families in Washington State, California and internationally in New Zealand, but to name a few. If you need help with an international child abduction case, we can help.

Here’s everything you need to know about the Hague Convention and International Child Abduction California. 

History of The Hague Convention

The Hague Convention is essentially a treaty that a number of countries joined starting in 1983. The purpose of the 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.

Hague Convention Framework

The Hague Convention framework was created to help countries find solutions for challenging custody cases where a child has been abducted. There are a number of instances where this can occur, but the most common is when a child is wrongfully removed from their habitual home and taken to a foreign country. 

When a parent’s custody rights are violated, a custody order is not needed to prove parental parenthood. Additionally, a child being returned to their place of habitual residence does not depend on the immigration status or nationality of the child or their parents. 

When an international abduction happens, the Central Authority are responsible for the following: 

  • Being the point of contact for the parents and children in the international child abduction case.
  • Help locate the child. 
  • Encourage a solution that favors both parents.
  • Submit documents as part of the application that are admissible in courts in both countries.

What’s Needed to File a Convention Case California

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.

Hiring a Hague Convention Lawyer 

With the difficulty of international child abduction and Hague Convention cases, it’s essential to hire an attorney with extensive international law experience. 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 you in these high-stakes proceedings. 

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.

International Child Custody: How Masters Can Help

Every year, children are wrongfully removed from the United States or retained outside of the U.S. in violation of parental custody rights. Whether trying to identify 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. 

When Illinois courts determine custody arrangements, they ultimately consider the best interests of the child/children involved. However, what are often relatively simple custody matters can quickly become complicated when one parent moves out of the state or out of the country. Especially unlawfully.

If you need legal representation to protect your rights or the rights of your child, we can help. At our downtown Chicago law office, we represent parents and children in a variety of complex international custody disputes. Here’s what you need to know.

Negotiating International Child Custody Disputes

Parents who wish to move out of the country may do so by seeking a custody modification just as they would if they were moving out of state. Complications arise when a parent moves out of the country before a custody order is finalized or when a parent does so in violation of an existing order. When a parent moves out of the country in direct violation of a custody order, he or she is committing international parental 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 Hague Convention

Many countries subscribe to the Hague Convention, which facilitates reciprocal agreements when it comes to custody. Although the Hague Convention does not ultimately decide custody cases, it does determine which jurisdiction or which country should hear the case. Generally, this is where the child had established familiar roots before his or her removal or abduction or, as the Convention calls it, the child’s “habitual residence.”

Because many countries do not have formalized laws regarding international child abductions and because there are so many variables involved with each case (such as whether or not both parents want custody), there are no hard-and-fast rules for international child abduction cases. Each situation must be evaluated on its own merits and in light of that particular nation’s laws and regulations regarding custody matters.

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.

A History of Success Serving Clients In Illinois and Internationally

Masters Law Group 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 United States, from Washington to Wisconsin; so you can rest assured knowing the experienced Masters Law Group attorneys are fighting for you and your family. Our attorneys understand the laws in these highly sensitive cases. Their priority is to ensure the kids return to safety and that they have the opportunity to exert their rights and obtain justice. 

Here are just a few of our featured Huage Cases:

How Our Firm Can Help

If you are in need of an international child abduction lawyer, we can help. The legal system is a complicated and confusing place. That’s why we’re here—to make sure that you understand your rights and options, 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 abducted into a foreign country.
  • You live anywhere in the world and your child has been abducted into the United States.
  • You have been accused of international child abduction and need a lawyer to protect your parental rights.

We will carefully examine the facts to determine the strength of your case. We will give you straightforward advice so that you know exactly where you stand in the eyes of the law.

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

Contact Masters Law Group Today

Illinois is a community property state, which means that all of the marital property is divided equally between the spouses. This can have a significant impact on child custody arrangements, especially if one spouse intends to leave the state or country.

If you have found yourself in a situation where your former spouse has unlawfully fled the country with your child, you should contact your attorney right away. At Masters Law Group, we can handle the process of contacting domestic and international governments to ensure that your rights are being protected.

Our attorneys 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”). Our experienced attorneys will provide you with detail-oriented representation as each case is unique. Contact our Chicago office to schedule a consultation today.