Tag Archive for: parental child abduction

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

In one of our most recent Hague Convention cases, the attorneys at Masters Law Group succeeded in this landmark ruling in favor of our client.

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

CASE OVERVIEW

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

This case arises under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction.

The Act entitles a person whose child has been removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child.

CASE RESULTS

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

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

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

READ THE FULL CASE REVIEW HERE.

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HAGUE CONVENTION – INTERNATIONAL CHILD ABDUCTION LAW WITH MASTERS LAW GROUP

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

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

SCHEDULE A CONSULTATION

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

 

 

Parental Child Abduction? Hire a Hague Convention Attorney.

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

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

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

LIST OF U.S HAGUE CONVENTION TREATY PARTNERS

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

 

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

 

CHOOSING YOUR ATTORNEY

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

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

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

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

– SHARON H, HAGUE CONVENTION CLIENT TESTIMONIAL

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

Contact us to schedule your consultation here today.