Child Visitation Rights for Same Sex Couples

Happy LGBTQ Month! To celebrate Pride month, Masters Law Group dives into everything you need to know about Child Visitation (Parenting Time) Rights for Same Sex Couples in our great state of Illinois.

It’s been eight years since Illinois legalized same-sex marriage in the state. If you are a spouse in a same-sex marriage, you may be unfamiliar with Illinois’ visitation rights laws. Though the same statutory provisions apply regardless of same or opposite sex parents, the laws can be complex.

Masters Law Group understands how difficult divorce is for parents who want nothing but the best for their children. Rest assured, our attorneys have in-depth knowledge of same-sex child custody and vistation laws in order to help you. Here’s a look at Parenting Time in Illinois for Same Sex Couples.

What are Child Visitation Rights?

Child Visitation Rights is the in-person time spent between a child and the child’s parent, or guardian which can fall under a grandparent, great-grandparent, sibling, step-parent, or any person designated under subsection (d) of Section 602.7.

The amount of time that a parent or guardian is allowed to visit their child depends on many things. A court won’t restrict visitation in either a joint custody arrangement or a sole custody situation except when it’s necessary to protect a child’s welfare. Under Illinois law, the restriction of parenting time refers to any limit or condition on parenting time, including supervision.

Courts in Illinois don’t typically place restrictions on parenting time, unless necessary to prevent serious endangerment to a child. In Illinois, courts can create restrictions if they feel it necessary in order to protect the child, here are a couple examples of the following:

  • Supervision at visits
  • Mandate locations for visits
  • Deny visits when the parent is under the influence of drugs/alcohol or has used them within a designated period preceding the visit; and
  • Deny overnight visits

It’s important to note that only parents have a legal right to parenting time. However, there are circumstances where guardians may ask for a visitation order from the court when they have been denied reasonable visitation.

Same-Sex Parents Have the Same Parenting Time Rights

In 2015, the Overgefell v. Hodges case went to the US Supreme Court which handed a decision that put same-sex couples on equal footing with all other spouses in domestic relations matters.  People of the same-sex can marry, divorce, and address all of the key issues that come up when dissolving their marriage. The basis of this ruling is the 14th Amendment which prohibits the government from denying a person of certain rights without due process.

States were violating this constitutional concept by forbidding same-sex marriage so the Justices made it legal across the board. As such, same-sex couples can – and must – address child custody, visitation, and child support in any divorce case involving minor children.

Illinois Law on Child Visitation/Parenting Time For Same-Sex Couples

Illinois divorce law uses the terms “Allocation of Parental Responsibilities and Parenting Time to refer to the various issues involved with raising a child. Here are the following provisions:

  • Parenting Time: This concept goes hand in hand with the idea of traditional visitation, where the parent enjoying the time with the child is responsible for the care of the child and making non-significant decisions about the child.
  • Parenting Plan: When a couple divorces, they must submit a Parenting Plan to the court outlining agreements on decision-making and parenting time. Parents who cannot agree may file a separate Parenting Plan and the court will make a decision based upon the child’s best interests.

Illinois Parenting Time Guidelines

Illinois prefers shared parenting time whenever it’s in the child’s best interests. In shared parenting time, the child spends periods with both parents.

A judge must approve all parenting time schedules, even when parents come to an agreement in a settlement. If parents can’t agree, each submits a proposal, and the court decides.

Keep in mind that schedules should align with your child’s needs and can affect your child support payments.

The schedule is a part of your parenting plan, meaning it becomes a legally-binding court order with a judge’s approval. It is important to follow the schedule as written, though parents can agree on small tweaks or ask the court to modify the order.

Hiring an Experienced Attorney

By hiring a knowledgeable family law attorney – who is highly experienced in same-sex family law issues  – you will only help put you and your family at ease. 

Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule.

Throughout her career, attorney Erin E. Masters has focused her practice on all areas related to family law, including divorce, child custody and support, paternity issues, visitation and parenting time, pre- and postnuptial agreements, prosecuting and defending Orders of Protection, and many other areas involving domestic relations and dissolution of marriage.

Furthermore, attorney Anthony G. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County. So you can rest assured you are in the best possible hands.

Don’t hesitate to reach out with any questions, contact us here today to schedule a consultation.

Why Some Couples Choose Civil Unions Over Marriage

If you want to make your partnership official you may be looking at all your options. Civil unions are recognized in a handful of states and often offer the same protections as marriage. Learn more about civil unions and how they compare to getting married here.

Civil unions are marriage-like agreements but there are some differences they share. Civil unions were created to allow same-sex couples to publicly commit to eachother without granting them perimission to marry.

Nowadays, civil unions are less relevant since the U.S. Supreme Court ruled that same-sex marriage bans were unconstitutional in 2015 (Obergefell v. Hodges). It’s important to note that there are many people who remain in civil unions or domestic partnerships despite the availability of same-sex marriage.

For these reasons, the distinctions between marriage and civil unions may still produce legal issues. Here’s a look at why some couples choose civil unions over marriage.

What is a Civil Union?

In Illinois, a civil union is a legal relationship between two people that gives them legal rights to marriage. Civil unions first became recognized in 2011, when the Religious Freedom Protection and Civil Union Act was passed. Civil unions can be entered by same-sex or opposite sex couples.

Partners who enter civil unions are granted the same protections, responsibilities and benefits that one would normally receive in a marriage. Eligibility for those wanting a civil union include the following:

  1. Must be 18 years of age or older.
  2. Cannot be related – by the half or the whole blood or by adoption; an aunt or uncle and a niece or nephew, whether the relationship is by the half or the whole blood, or by adoption; or between first cousins.
  3. Cannot enter civil unions prior to dissolution of marriage or similar legal relationships.
  4. Individuals who live out of state, as that civil union would not be legal in their home state.

It is important to note that while civil unions are legally recognized in Illinois, they are not federally recognized.

Benefits of a Civil Union

One of the biggest benefits that a civil union provides couples with is the same state rights as a married couple in Illinois. It is for this reason that many decide to join a civil union. If a couple decides that they don’t want to be married for personal reasons or other reasons, they would still receive the same legal protections as a married couple. 

The second biggest benefit of a civil union is the access to employment and healthcare benefits. In a civil union, you have access to your partner’s employer provided health insurance. Marriage oftentimes comes with social and religious obligations that some may want to demonstrate to their partner differently. A civil union is a great way to do those things. 

Here is a list of some of the benefits that a civil union and a marriage share:

  • Inheritance rights, or the right to automatically inherit from your spouse after he or she dies.
  • Bereavement leave to mourn for your spouse.
  • Right to your spouse’s employment benefits, including health insurance.
  • Automatic designation as next-of-kin by medical professionals.
  • Joint ownership of property, and community property rights if you’re in a community property state.
  • Joint state tax filings.
  • Joint parental rights over children born to or adopted by the couple.
  • Right not to testify against your civil union partner, and
  • Right to seek financial support or alimony after a dissolution from the civil union.

Limitations of Civil Unions

The biggest difference between a civil union and a marriage is that the former is not recognized by the federal government. Therefore, you will only get protection at a state level (and that is assuming you live in a state that recognizes civil unions.) It is because of this that couples in a civil union can’t receive the same federally based benefits that married couples receive. For example, the Social Security Administration gives benefits to partners in a marriage, but not necessarily those in a civil union. The surviving spouse of a veteran may be eligible for health coverage in a marriage, but not always in a civil union. Consequently, many couples are now opting to get married instead of entering a civil union. 

The other difference is that while marriages are recognized by every state (if you get married in Illinois it will be recognized in New York) civil unions are not. That means if you get a civil union certificate in one state and then move to another state you might not get the same benefits.

As a result of these differences, it is important to consider which option is best for your new family. Though a prenuptial agreement isn’t the most romantic item on the agenda, it’s a great way to protect you and your assets before entering a marriage or civil union. An experienced attorney can answer any questions that you might have about the process.

Final Thoughts

Now that same-sex marriages are recognized federally civil unions may be a lot less popular and common. In fact, only five states allow them: Illinois, Colorado, Hawaii,  Vermont, and New Jersey. However, civil unions can be beneficial in two circumstances:

  • If you or your partner don’t believe in marriage or don’t like the idea of getting married, but still want many of the same legal protections.
  • If you or your partner don’t want to be recognized as legally married by the federal government because of tax purposes.

Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable lawyer to guide you through every step.

At Masters Law Group, we provide professional and individualized legal representation for a wide range of family law concerns, including civil unions. Our firm has dedicated considerable time in order to become knowledgeable and up to date in this new area of family law. Whether you want to form a civil union or are in need of a civil union dissolution, we will take the time to fully understand your situation and provide honest advice regarding your options.

Don’t hesitate to reach out with any questions, Contact us here today to schedule a consultation.

Hague Convention – National Missing Children’s Day

Today is National Missing Children’s Day; dedicated to encouraging parents, guardians, caregivers, and others concerned with the well-being of children to make child safety a priority. If you are faced with the terrifying scenario of International Parental Child Abduction, here is what you need to know. 

National Missing Children’s Day was proclaimed by president Ronald Regan on May 25, 1983. This was to honor Etan Patz, a 6 year old boy who disappeared in New York City on May 25, 1979.

Every year for national missing children’s day, the Department of Justice commemorates Missing Children’s Day by honoring the heroic and exemplary efforts of agencies, organizations, and individuals to protect children.

Here, Masters Law Group covers the Hague Convention – aimed to protect children from international parental child abduction. Let’s take a look at the Hague Abduction Convention, and what you should know in honor of national missing children’s day.

HAGUE CONVENTION & ITS BACKGROUND

The Hague Convention is 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. 

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.

BECOME AWARE OF CHILD ABDUCTION

Awareness is one of the most important things you can do to prevent the unthinkable from happening. Oftentimes, the people who you least expect are capable of abducting your child are family members. It’s not unusual for a parent who abducts their child to believe that they know what is best for the child. 

Young children are the easiest to abduct because they don’t know to go for help or do anything to bring attention to their parents taking them. Some other warning signs and factors that are important to be aware of are:

  • A parent with no source of income/job.
  • A parent who is financially independent.
  • A parent with no real ties to the community they live in.
  • A parent who abruptly quits their job, sells their home, applies for passports.
  • A parent who starts collecting the child’s medical and school records.
  • A parent who has domestic violence and/or child abuse history.

Some additional steps to lower the risk of parental abduction or increase your odds recovering your child if they are abducted would be:

  • Have up-to-date pictures of your child.
  • Fingerprints of your child.
  • Have a written detailed description of your child including: height, weight, hair color, eye color, birthmarks, and noticeable physical characteristics.
  • Copies of your child’s Social Security card and passport.
  • Register your child with the Children’s Passport Issuance Alert Program (CPIAP).

THINGS YOU CAN DO THIS MISSING CHILDREN’S DAY

While all of the things mentioned above are great things to keep in mind, another layer of safety would be having child custody and visitation matters in place. Having a system that works for you and your child as well as the other parent involved can make it easier to keep accountability. 

Whenever a Child custody or visitation issue arises, you should report it to state or local law enforcement authorities or a state judicial officer. In addition to contacting the Department of State, Office of Children’s Issues, law enforcement or left-behind parents should also contact the National Center for Missing and Exploited Children (“NCMEC”): www.missingkids.org. 

NCMEC works closely with the State Department and the U.S. Department of Justice’s Office for Victims of Crime and administers its Victim Reunification Travel Program. Eligible parents can request financial assistance so they can be reunited with a child located in another country or obtain travel support for the child’s return to the United States.

Lastly, seeking a family law firm who are highly experienced in cases involving international child custody disputes (in both courts located in the State of Illinois and the United States federal court system) could be an invaluable resource in this incredibly stressful time.

FINAL THOUGHTS

The commemoration of National Missing Children’s Day serves as a reminder to continue our efforts to reunite missing children with their families and an occasion to honor those dedicated to this cause. It’s important for the US along with other countries to be a part of the Hague Convention. By doing so, we can negotiate treaties to help streamline international justice. 

It is essential to have the help from a knowledgeable family law attorney who understands all of the legalities that go along with international 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”). 

See Our Featured Hague Decisions Here:

Contact us here today to learn more.

Parenting Time & Visitation Tips for Visit your Relatives Day

National Visit Your Relatives Day is recognized on May 18. It is a day dedicated to spending time with your loved ones and cherishing family time. Parenting Time of your child can be an emotional law topic. Parenting Time rights may be determined by the agreement of the parties or by a court order.

Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Here are a couple parenting time and visitation tips you can follow in honor or visit your relatives day.

Create a Parenting Plan

This is by far one of the most important steps you can take when you’re divorced and co-parenting. A parenting plan is a legally-binding agreement and should be respectfully treated as such. You can develop one informally if you are communicating well or you can have your attorney or mediator help create one for you. 

It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. 

The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children. Once you have it in place, you’ll be a little more at ease. If you don’t already have one, it can make your life a little easier.

Be Reasonable when Establishing a Parenting Arrangement

A divorce is difficult to go through. At times you may need to take a step back and try to be reasonable when it comes to your children. Start by looking at the relationship your children have with each parent, and remember that children do best when they are allowed to continue to have a strong relationship with both parents. 

While you may have some disdain for the other person, your children love them. Pointing out every flaw the other parent has is not going to help your children when it comes down to establishing custody. 

Respect the Needs of Your Children

Children do not need to be put in the middle of your divorce. They need to know that both parents love them, and that both parents want to be part of their lives. Telling your children how horrible the other parent is will only confuse them. Respect the needs of your child by enjoying them when they are with you, doing your best to parent them. Unfortunately when it comes to younger children they aren’t able to verbalize what they want out of a custody arrangement, but older children can. For example, they may verbalize that they want to stay in the same home during the week while they are at school. 

Perhaps you were an absent parent, always on the road working. While it may be hard to agree that the child should spend more time with the other parent, your sacrifice will make the divorce easier on your children.

Think About Your Support Network

Having children is hard, and raising them without a support network is nearly impossible. Think about your new life, and how being divorced is going to impact your support network. Look at the people around you, and those you believe will still be around even during the aftermath of your divorce. While you can’t create a custody schedule based on support alone, it’s important that you have the help you need if an emergency arises.

Communication is Key

If the two of you struggle to communicate in a civil manner, it’s important to establish one form of communication right away. Many couples use different methods of communication but it’s ultimately what works for the both of them.  Nowadays there are various online software programs, where both parties can send messages, a calendar can be created, and all communication between the two of you can be recorded in one place. 

The court will look at this communication when there are issues brought forth to the court, and both parties will be held responsible for what they are communicating with the other person.

Final Thoughts

We hope with the help of these tips mentioned above, it can make way for you to navigate through parenting time and visitation in an appropriate and enjoyable manner. Shared legal and shared physical custody entitles you to regular visitation, and decision-making in all aspects of their lives. While the other parent may try to prohibit you from making decisions, you need to know that you have the legal right and obligation to help make these decisions. 

For more information on Divorce, Parenting Time, Allocation of Parental Responsibilities, Child Support and more, visit our website to talk to our experienced attorneys. With their in-depth knowledge and experience in Family Law, we’re sure to help you get through parenting time and visitation together.

Cryptocurrency Series: 12 Most Popular Types of Crypto and What to Know Before Divorce.

Cryptocurrency is by design difficult to trace, making it an ideal asset to hide from a spouse. If you’re new to the world of Crypto, it gets even more challenging. Here’s a list of the most popular cryptos to look out for and how to include them in your divoce settlement. 

If you’ve been following our Crypto and Divorce series you may already be aware of the difficulties crypto assets bear in divorce. As a quick recap, we’ll be covering what Cryptocurrency is as well as the 12 most popular types of crypto in the market.

With all of these forces at play during a divorce, it’s best to be prepared for whatever the outcome may be and hiring a family law attorney well-versed in cryptocurrencies is always an advantage. Here’s what you need to know about the 12 most popular types of Cryptocurrencies and how you can best prepare for them before divorce. 

Cryptocurrency is a digital form of payment that can be used to purchase goods or services online. Every transaction is done online and tracked via a highly secure ledger called a blockchain. Let’s jump into some of the various types of crypto there is on the market.

  • Bitcoin (BTC)

Notably known as the most popular form of crypto, Bitcoin is widely known as the first major cryptocurrency to hit the market. It first debuted in 2009 and many others have become popular but not as popular as the original. 

Bitcoin is still the coin people generally reference when they talk about digital currency. Its mysterious creator — allegedly Satoshi Nakamoto — debuted the currency in 2009 and it’s been on a roller-coaster ride since then. However, it wasn’t until 2017 that the cryptocurrency broke into popular consciousness.

  • Ethereum (ETH)

Ethereum is the second name you’re most likely to recognize in the crypto space. The system allows you to use ether to perform a number of functions, but the smart contract aspect of Ethereum helps make it a popular currency.

Ether is used mainly for two purposes: It is traded as a digital currency on exchanges in the same way as other cryptocurrencies, and it is used on the Ethereum network to run applications. According to Ethereum, “people all over the world use ETH to make payments, as a store of value, or as collateral.”

  • Tether (USDT)

Tether’s price is anchored at $1 per coin. That’s because it is what’s called a stablecoin. Stablecoins are tied to the value of a specific asset, in Tether’s case, the U.S. Dollar. Tether often acts as a medium when traders move from one cryptocurrency to another. Rather than move back to dollars, they use Tether. However, some people are concerned that Tether isn’t safely backed by dollars held in reserve but instead uses a short-term form of unsecured debt.

  • Binance Coin (BNB)

Binance Coin is the cryptocurrency issued by Binance, among the largest crypto exchanges in the world. While originally created as a token to pay for discounted trades, Binance Coin can now be used for payments as well as purchasing various goods and services.

  • USD Coin (USDC)

Tether and USD Coin are both stablecoins that are attached to the dollar, meaning that its value should not fluctuate. The currency’s founders say that it’s backed by fully reserved assets or those with “equivalent fair value” and those assets are held in accounts with regulated U.S. institutions.

  • Ripple (XRP) 

Formerly known as Ripple and created in 2012, XRP offers a way to pay in many different real-world currencies. Ripple can be useful in cross-border transactions and uses a trust-less mechanism to facilitate payments. 

Ripple is known for their advanced blockchain technology for global payments. Where financial institutions are able to expand into new markets around the world and eliminate pre-funding by leveraging the power of XRP.

  • Solana (SOL)

Solana was created in 2017 by Anatoly Yakovenko alongside current Solana board member and Chief Operations Officer Raj Gokal. Yakovenko, now Solana Lab’s CEO, came from a background in system design and wanted to apply his knowledge toward a new blockchain paradigm that enabled faster processing speeds.

Solana is a newer cryptocurrency and it touts its speed at completing transactions and the overall robustness of its “web-scale” platform. The issuance of the currency, called SOL, is capped at 480 million coins. Solana’s increasing popularity has made it Ethereum’s growing rival. 

  • Terra (LUNA)

Using its currency Luna, Terra is a platform that helps backstop a range of stablecoins based on real currencies such as the dollar or euro. Terra helps stabilize the price of stablecoins through various technical means, and it also supports smart contracts.

According to the Terra website, the Terra protocol creates stablecoins that track the price of any fiat currency using a combination of open market arbitrage incentives and decentralized Oracle voting. On the Terra blockchain, users may spend, save, trade, and swap Terra stablecoins.

  • Cardano (ADA)

Cardano is the cryptocurrency platform behind ada, the name of the currency. Cardano is a proof-of-stake blockchain platform: the first to be founded on peer-reviewed research and developed through evidence-based methods. It combines pioneering technologies to provide unparalleled security and sustainability to decentralized applications, systems, and societies. Cardano was created by the co-founder of Ethereum, and this cryptocurrency also uses smart contracts, enabling identity management. 

  • Avalanche (AVAX)

Avalanche is a fast and low-cost smart contracts-based blockchain platform focused on building decentralized apps and facilitating the creation of custom blockchains. Its users can process transactions in the native AVAX token. 

The AVAX token is hard-capped which makes it a scarce asset that is used to pay for fees, and secret the platform through staking. Ultimately the hard cap provides a basic unit of account between the multiple subnets within Avalanche.

  • Polkadot (DOT)

Polkadot is a currency that connects blockchains which allows value and data to be sent across other incompatible networks. For example Bitcoin and Ethereum. It’s also designed to be fast and scalable. 

The DOT token is used for staking and governance; it can be bought or sold on Coinbase and other exchanges. Polkadot was founded by another co-founder of Ethereum. Industry specialists believe Polkadot is looking to eventually dethrone Ethereum.

  • Dogecoin (DOGE)

Dogecoin originated as an alternative to traditional cryptocurrency such as bitcoin. Both the name and logo were based off of a meme that went viral. Dogecoin is intentionally abundant which is different in comparison to bitcoin which is scarce. In 2021, Dogecoin became one of the biggest cryptocurrencies in the market. Dogecoin crypto can be used for payments or sending money.

Divorce and Crypto Assets

Cryptocurrency is considered an asset and as a result, it may be considered separate property or marital property. In some cases, growth in the value of cryptocurrency during the marriage may be considered a marital asset, even if the original purchase took place before the marriage.

This is especially true when both spouses were involved in using cryptocurrency, investing in crypto assets, or planning to rely on crypto to fund future financial ventures. If you’re a crypto investor considering divorce, you should always consult with your lawyer about how you can expect your investments to be affected by the separation.

Bottom Line

The cryptocurrency market could be compared to the Wild West. Although, the U.S. government has been taking on a more active role in overseeing crypto space. Volatility can be intense, with crypto assets fluctuating significantly even in a single day. This leaves individual investors to trade against highly sophisticated players, making it a fraught experience for beginners getting into crypto.

Regardless of your skill level, splitting digital currency may be more complex than traditional investments, such as stocks, bonds, or mutual funds. It is important to be prepared and make sure that crypto is properly discovered and valued in family law matters. If you know or suspect that cryptocurrency will be a part of your divorce, talk to your family law attorney immediately and put together a game plan in your divorce case.

Our team of award-winning attorneys are highly experienced in dealing with Cryptocurrencies in divorce, and are here to answer your questions about divorce and digital asset division.

Contact us today for more information, or 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.