Tag Archive for: parental child abduction

Family Child Abduction

The National Center for Missing and Exploited Children estimates that approximately 200,000 of the 260,000 children abducted each year are taken by a parent or other family member. Family Child Abduction is a very serious criminal offense that can have devastating effects on children and parents.

Family child abduction is illegal in every state, and it is often treated as a felony-level offense that can result in prison upon conviction. In many cases, family abductions occur in the midst of bitter divorce or child custody battles. The child may be kept beyond a court allotted visitation period or the parent may pick up the child from school or daycare without permission and not return the child. In other cases, a child may be abducted by a family member and may face physical or sexual abuse.

The Frightening Family Abduction Statistics

David Finkelhor, director of the Crimes against Children Research Center at the University of New Hampshire, led a team of researchers who sought a better estimate of the prevalence of family abduction. They used data from three waves of the National Surveys of Children’s Exposure to Violence (NatSCEV), sponsored by the U.S. Department of Justice and Centers for Disease Control and Prevention. In 2008, 2011 and 2014, the surveys asked children aged 10 to 17 years about their life experiences. Information about children aged 9 and younger was gathered from caregivers.

Some key findings:

  • 4 percent of children in the sample had experienced family abduction and 1.2 percent had experienced it within the past year. Based on this information, the researchers estimate that 875,000 children a year – 12 per 1,000 — are either abducted by a relative.
  • Parents were the perpetrators in more than 90 percent of abductions. Mothers and female family members were responsible for the majority – 60 percent. However, fathers and male relatives were responsible for 64 percent of all abductions.
  • Children who have been abducted are more likely to be from low-income households and have separated, estranged or divorced parents. In two-parent families, an estimated nine children per 1,000 experience an abduction compared to 84 per 1,000 in single-parent households.
  • 43 percent of abductions were reported to the police, including 86 percent of family abductions.

If you are facing a family abduction matter, call the police immediately. These cases are treated very seriously and many AMBER alerts that are issued stem from family abductions. Even where the child may not face an imminent threat of physical harm, law enforcement will treat these types of abductions as high priorities and will work to return the child to his or her parent.

International Family Abductions

International child abduction is a distressing problem that impacts numerous families worldwide. This issue has profound emotional, psychological, and legal implications for those involved. Due to the increasing ease of international travel, these cases are sadly on the rise.

But what classifies as International Parental Child Abduction? As per Travel.State.Gov, international parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights.  The Office of Children’s Issues within the U.S. Department of State is a leader in U.S. government efforts to prevent international parental child abduction (both from the United States and to the United States), help children and families involved in abduction cases, and promote the objectives of the Hague Abduction Convention.

Causes and Factors of International Child Abduction

A variety of factors drive international child abduction. Child abduction often occurs after separations, divorces, or custody disputes. Let’s take a look at some additional factors that contribute to international child abduction:

  • Cultural and Economic Reasons: Globalization and increased international mobility have prompted some parents to return to their native countries, often taking their children. These reasons are often influenced by a desire to maintain cultural connections, be closer to extended family, or seek better economic opportunities in their home nation.
  • Fear of Child’s Well-being: Concerns about the child’s safety in the other parent’s environment can drive some parents to abduct their child when they believe it offers better conditions.
  • Parental Alienation: In some cases, one parent might feel alienated from the child due to actual or perceived biases in the custody proceedings. Parental Alienation can foster desperation, prompting the alienated parent to resort to drastic measures like abduction to regain control over the situation.
  • Lack of Robust Legal Framework: Different legal systems and international treaties across countries are challenging. Not all countries are part of the Hague Convention of Civil Aspects. The lack of a legal framework in certain countries creates loopholes that abducting parents might exploit. The absence of streamlined procedures for cross-border child custody disputes can complicate efforts to prevent international abduction.

To effectively tackle the underlying issues of international child abduction, it’s essential to take a thorough approach. An effective process might involve enhancing parents’ communication and establishing robust support systems. We can work together to prevent the detrimental effects of international child abduction families by addressing these factors across borders.

Preventing  Child Abduction

When parents can’t agree on where a child should live, working with an attorney experienced in child abductions can help. If you think the other parent has taken your child, here’s what you can do:

  1. Get a Court Order or Custody Decree: It’s essential to have a clear court order that outlines custody arrangements and travel restrictions. This order can help prevent unwanted travel with the child. Court orders can also address matters like passports and custody details.
  2. Consult a Child Abduction Attorney: Talk to an attorney who knows about these situations. They can help you understand your options and might suggest getting an order that stops the child from leaving the country.
  3. Look for Warning Signs: Watch for sudden changes in the other parent’s life, like quitting a job or selling a home. These changes could indicate plans to move. You can find more information on our Resources for Parents page.
  4. Tell the Police and Share Court Orders: Inform the local police about the situation and give them copies of your court orders, including any custody, protection, or restraining orders you have.
  5. Contact a Foreign Embassy or Consulate: If your child is a dual national of another country, consider contacting that country’s embassy or consulate.
  6. Know About Travel Rules: The United States doesn’t have strict rules for children leaving the country. Even without both parents’ agreement, a child can cross borders. Without a clear court order saying otherwise, it can be challenging for law enforcement to stop an abduction.

If you believe your child has been abducted, always start by calling the police.

Work With a Child Abduction Attorney 

Dealing with international child abduction situations presents significant challenges for parents and children. Seeking the assistance of a child abduction attorney is a crucial step in ensuring the safe recovery of your child.

Taking swift action is necessary if you ever face a child abduction case. In such situations, partnering with an experienced child abduction attorney is needed. Their experience becomes crucial for initiating a Hague Convention application for scaling a defense against any Hague Convention-related legal actions. 

Erin Masters and Anthony Joseph are highly experienced in handling disputes related to international child abduction, particularly within the jurisdiction of the State of Illinois and the United States federal court system. Voted 2023’s Best Lawyers® in America 2023, Masters Law Group is focused on solving problems and achieving the best possible result for our clients, and more importantly, any children involved. 

Contact us to set up a complimentary consultation today to discuss your situation.

Child Abduction Lawyer

The nightmare of a child abduction is a situation no parent ever wants to face. The feeling of helplessness can be overwhelming, but immediate action is essential to ensure your child’s safe return. 

Illinois courts regard child abduction with utmost severity. Child abduction is a serious crime that can have a significant impact on the well-being of a child. Similarly, parents of a child who’s been abducted suffer greatly.

Child abduction or child theft is the unauthorized removal of a minor from the custody of the child’s natural parents or legally appointed guardians. A stranger might abduct a child for criminal activities, including sexual exploitation, extortion, ransom, or worse. Some strangers may abduct with the intent to raise the child as if it were their own. Additionally, during divorce proceedings, one parent might take away a child without the other parent’s consent.

In cases involving international abduction, the Hague Convention on the Civil Aspects of International Child Abduction provides a framework for cooperation among countries. 

UNDERSTANDING CHILD ABDUCTION

Child abduction is a distressing problem that impacts numerous families. Every thousand children are abducted by a family member each year. Almost 5% of children in the US have experienced a parental abduction in their lifetime.

Child abduction is when someone (a stranger or family member) takes a child without legal permission, causing great distress and separation from the family. These frightening situations also occur worldwide, impacting families across the globe. In such complex cases, seeking the assistance of a child abduction attorney becomes vital. Let’s look at some steps you can take to help you move through this frightening situation.

IMMEDIATE STEPS TO TAKE

If you are in a heartbreaking situation of suspecting that your child has been abducted, taking swift and strategic action is crucial. Begin by immediately contacting your local law enforcement agency to report the abduction. Provide them with all available information about your child, including:

  • Recent photographs
  • Physical characteristics such as height, weight, and eye color.
  • Any psychical features that might help identify them.

Simultaneously, gather any evidence that could be helpful in the investigation. Evidence could include potential witnesses, last-known locations, and any communication you might have had with the abductor. While child abduction is incredibly distressing, reaching out to your support networks is essential to ensure you have emotional and logistical assistance. Acting promptly and systematically can significantly improve your child’s safe and timely recovery. 

Several factors influence the determination of the necessary actions to take. Working alongside a child abduction attorney with experience in the Hague Convention can be highly beneficial throughout this time.

UNDERSTANDING THE Hague Convention

In cases involving international abduction, the Hague Convention on the Civil Aspects of International Child Abduction provides a framework for cooperation among countries. The Convention’s framework enables countries to collaborate to solve complex custody cases involving child abduction. 

The Convention doesn’t rely on the immigration status or nationality of the child. In certain situations, a country might wrongfully detain a child if they are not a resident. Violations of custodial rights occur when the child is taken away from their customary home and is now residing in a foreign country.

The Central Authority has the following responsibilities:

  • Serve as the point of contact for parents and children in international child custody cases.
  • Aid in locating abducted children.
  • Promote solutions that consider the best interests of both parents.
  • Submit documents as part of the application that are admissible in courts of partner countries.

To prove that a parent’s custodial rights were violated when the child was taken from their country, presenting a custody order is unnecessary; proof of parenthood or marriage can verify this. The return of a child to their habitual residence is not contingent on the immigration status or nationality of the child or their parents.

Working with a child abduction attorney can provide valuable help. Child abduction attorneys are critical in ensuring children’s safety and well-being. Their ability to support the children and the troubled families caught in such distressing situations is admirable and comforting.

GETTING HELP FROM A FAMILY LAW ATTORNEY

If you face such a child abduction case, you must act fast. A family law attorney experienced with child abductions must be ready to file a Hague Convention application and defend a Hague Convention lawsuit on short notice. Because of this, locating counsel with knowledge and experience in Hague proceedings is vital. 

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

Feel free to explore our recent featured Hague Decisions:

FINAL THOUGHTS

Are you facing or at risk of the daunting scenario of child abduction? Don’t navigate this complex journey alone. Take the first step toward securing your child’s safety and well-being by reaching out to our dedicated lawyers at Masters Law Group. 

If you need a child abduction lawyer with substantial experience in dealing with child abduction cases, contact us today to schedule your consultation.

The Role of a Child Abduction Attorney

It’s every parent’s worst nightmare; your child has been taken by your ex. Let’s explore the warning signs, risks, and impact of this troubling phenomenon and learn how a Family Law Attorney can help.

Imagine the heart-wrenching reality that unfolds every 40 seconds—a child goes missing. The world of child abduction is a global crisis that demands urgent attention. In this blog, we delve into the intricate legal processes that govern child abduction cases both here in the U.S. and across international borders, shedding light on the vital role of child abduction attorneys.

Understanding Child Abduction

Child abduction is a distressing problem that impacts numerous families worldwide. The gravity of this situation necessitates the assistance of attorneys experienced in child abduction who can provide the necessary legal help.

Child abduction is when someone (a stranger or family member) takes a child without legal permission, causing great distress and separation from the family. These frightening situations also occur worldwide, impacting families across the globe. In such complex cases, seeking the assistance of a child abduction attorney becomes vital. Child abduction can occur in various contexts and for different reasons. It is important to differentiate between two types of child abduction:

  • Domestic Child Abduction:
    • Parent or family member taking a child without permission or against a court order.
    • Arises from custody disputes, parental alienation, or perceived harm.
    • Usually occurs within the same country.
  • International Child Abduction:
    • Children are taken across international borders without consent or violating a court order.
    • Motives include custody disputes, parental child abduction, or escaping danger.
    • Requires coordination between different countries’ legal systems via The Hague Convention.

When a child is abducted, the consequences can be severe for both the child and the left-behind parent. The child may experience emotional distress, confusion, and trauma. It is crucial to act swiftly and decisively to ensure the child’s safe return. This is where your family law attorney experienced in child abduction plays a vital role as advocates, working towards the child’s safe return.

The Crucial Role of Child Abduction Attorneys

Family Law Attorneys who are highly versed in child abduction cases provide legal representation and advocacy for families during these high-stakes situations. These dedicated legal professionals possess comprehensive knowledge of child custody, child abduction, and the Hague Convention on the Civil Aspects of International Child Abduction. Attorneys understand the intricate legal landscape surrounding these domestic and international cases. They are well-versed in the specific laws and procedures governing child custody disputes and the unlawful removal or retention of children.

One of the primary roles of child abduction attorneys is championing the child’s best interests in the abduction case. They recognize that children are often the most vulnerable parties in such situations and strive to protect their rights throughout the legal process. These cases involve intricate legal procedures and the application of domestic and international laws. A skilled child abduction attorney from a reputable law firm with a nationwide and global reach is equipped to handle the complexities of these cases.

Navigating the Legal Complexities: The Hague Convention

The Hague Convention provides a framework for cooperation between signatory countries in resolving international child abduction cases. This law establishes guidelines for promptly returning wrongfully removed or retained children. Child abduction attorneys with experience in The Hague Convention guide families through the legal process to maximize the chances of a successful outcome.

Under the Hague Convention, attorneys can initiate legal actions to secure the child’s return to their home country. They assist families in filing applications for the child’s recovery. They also work with central authorities to facilitate communication, gather evidence, and coordinate efforts for the child’s safe return.

At Masters Law Group, our skilled attorneys work with local authorities in the destination country to monitor compliance with court orders and take necessary actions to facilitate the child’s return if there are any obstacles or delays. Through tireless efforts, we aim to reunite families, advocating for the child’s safe return and contributing to the overall well-being of all parties involved.

Trust in Masters Law Group

It is important to work with experienced professionals who understand the safety and well-being of your child. Masters Law Group, led by Erin Masters and Anthony Joseph, is ideal for handling such delicate, time-sensitive matters.

Ms. Masters and Mr. 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.

Featured Hague Decisions:

Final Thoughts

Are you facing or at risk of the daunting scenario of child abduction? Don’t navigate this complex journey alone. Take the first step toward securing your child’s safety and well-being by scheduling a consultation with our dedicated team at Masters Law Group. Together, we’ll fight for your family’s rights and ensure a brighter future for your child.

Contact us today to set up 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 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.

International Child Abduction Facts

Parental child abduction cases are, unfortunately, a factor to consider following a separation or divorce, particularly when relations between the parents are acrimonious. Child abduction cases, particularly across international borders, are complex and extremely time-sensitive. Here are  some facts you should know if you’re facing such a case.

“Desiring to protect children internationally from the harmful effects of their wrongful removal or retention…as well as to secure protection for rights of access.”

–Hague Abduction Convention, Preamble

International child abduction happens for a number of reasons. Child abduction can be a very frightening experience to the parents involved and of course to the children. International parental child abduction is an act of illegally taking a child from their home usually by one of the parents across international borders; but it can also be done by an acquaintance or another member of the family.

International child abduction is actually on the rise and many investigation offices have open cases in all 80 countries the Hague Convention applies to. Here’s what you need to know about this growing problem. 

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.

Family Abductions are More Common than you Think

When parents report that their children have been abducted or retained outside of the United States, country officers inform them of potential options and provide resources to help them seek the return of, or access to, their children. 

Some years, family abductions make up as much as 90% of abductions that occur, especially by parents. This usually happens in homes where the parents are separated, divorced, or estranged and is more common in lower-income households and during custody disputes. 

If your child wasn’t taken by a family member, the odds are that it was done by someone you know. 

A Fraction of 1% of Child Abductions is Total Strangers

About 100 children a year are abducted by total strangers as you hear on the news, so it’s exceedingly rare for a child to disappear this way. While this is the rarest, it is also the least likely that your child will come home if they are taken by a total stranger. Out of the approximately 100 kids a year that are taken this way, only 50 come back.

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

Final Thoughts

Nothing can make a parent feel more helpless than having a child taken away to, or held in, a foreign jurisdiction. If you believe your child is in the process of being abducted by a parent, legal guardian, or someone acting on their behalf, contact the experienced family law attorneys at Masters Law Group.

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.

Our Featured Hague Decisions:

Contact us 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.

Top 5 Family Law Issues Over the Holidays

The holidays are often spent with family. For some people, this is an exciting time of the year. For others, it is a source of stress. For divorced couples, how do you share custody during the holidays? Can you change a custody agreement in Illinois? What about grandparent visitation rights? Read on to learn more about the most common family law issues during the holidays and some potential solutions.

The holidays can be a difficult time for a lot of people. Some grapple with the loss of a loved one over holidays. Some couples put off their divorces until after the holiday season. Some people struggle to spend a lot of time with their families.

While the holidays can be a wonderful time, they can also come with a lot of tension. If you are struggling during the holiday season, you are not alone. Here are the top 5 family law issues that occur during the holidays.

  1. Couples Putting off Divorce

Going through a divorce can be a stressful experience in someone’s life. Unfortunately, it’s common for couples who wish to get a divorce to hold off until after the holidays. They tend to do so for the sake of the kids and other family members, but it can be hard to keep a brave face with an impending divorce looming as soon as the holiday magic is gone. It is important to know that this is something many couples struggle with.

  1. Rushed Proposals

Proposals are a common occurrence during the holiday season. In fact, Christmas Day is the most popular day to propose. Because of the excitement of the holidays, many people rush into proposals without considering all the legal issues to take into account. For example, do you know if you want your partner to sign a prenuptial agreement?

Legally, an engagement ring is considered a “conditional gift” based on the marriage taking place and the ring goes back to the purchaser if the engagement is broken, regardless of who ends it. But rings given on Christmas, Valentine’s Day or birthdays are typically classified as more traditional gifts, and the majority of courts have allowed the receiver to keep them. 

  1. Making a Holiday Parenting Plan/Schedule

When it comes down to it, the most difficult aspect of child custody during the holidays is figuring out who will be where and when. The next hardest component is making that schedule happen. Be realistic with the holiday itinerary and consider input from the children, if possible. Be proactive and create a Holiday Parenting Plan. Here are some considerations:

  1. Identify the specific holidays that are important to you and your family.
  2. Be specific about the times that define the holiday.
  3. Consider whether or not the holiday may or will involve travel. It is important to build this into your holiday plan even if you do not plan to travel every year.
  4. Consider whether or not the holiday can be incorporated into the regular parenting time plan.
  5. Consider whether or not it is possible to have the holiday included. For example, some holidays are during the school day (Halloween) and if you decide you want to split the holiday, how will that happen once the children are in school? Dividing this time means that one parent is transporting the children during prime trick or treating time. Is this really what you want for your children?

4. Changes to custody agreements

Often, divorced couples with children wish to change their custody agreements as the holidays roll around. When seeking a modification, a motion to modify custody must be filed. The motion must be filed in the county where the original custody order was signed. If the child no longer lives in that county, it may be possible to have the case transferred. This can be difficult to do at the last minute, so you should contact our firm to discuss your options. If you are facing an issue where your child has been taken overseas by the other parent, you could be entitled to file legal action under the Hague Convention for international parental child abduction. 

  1. Questions about visitation

Many families have questions about custody and visitation rights. What rights do grandparents have to see their grandkids over the holidays? Unfortunately for the state of Illinois, it does not provide for any visitation to grandparents or other non-parents by default. Unless it’s proven to harm the child, parents are given the discretion to choose who their child has a relationship with or not. 

In the event a grandparent is trying to petition for visitation rights, they must show that a relationship existed with the children before a divorce. In other words, a court may help restore an existing relationship but will not help build a new one.

Final Thoughts

Holiday parenting time issues are extremely common.  They often create strong emotional responses from each parent because not only is it their parenting time, but also it frequently includes extended family members visiting or who have traveled to see the children. In the event of battling with an ex over visitation schedules, or any other family law issue such as divorce or even post-divorce disputes: Remember, if you’re facing any of these issues you aren’t alone. We’ve seen and heard it all and are here to serve and guide you through this season.

Get in touch with our award-winning Masters Law Group Attorneys today for help figuring out a solution to your problem.