Masters Law Group Case Review: Western District of Michigan/Brazil
At Masters Law Group, we are committed to protecting the rights of parents and children under international law. In our most recent Hague Convention case, we successfully negotiated a favorable resolution for our client, helping ensure the child’s best interests were prioritized.
In this case, which concluded on August 23, 2024, the respondent—represented by Masters Law Group—sought the return of his child, who had been taken from the United States. Masters Law Group, experienced in navigating complex international child custody disputes, recently represented the respondent in a case filed in the Western District of Michigan.
Case Overview: Western District of Michigan / Brazil
On August 23, 2024, the U.S. District Court for the Western District of Michigan approved an agreement between the parties involved. Masters Law Group represented the respondent, who was defending his right to retain his child in the United States. The case concerned whether the child was wrongfully removed or retained from their habitual residence and the appropriate legal remedies to be enforced.
Legal Framework and Key Issues
The Hague Convention on the Civil Aspects of International Child Abduction (“The Hague Convention”) aims to protect children from international abduction by ensuring their prompt return to their country of habitual residence. In this case, the Petitioner sought the return of her child under the Convention, asserting that the child’s removal from Brazil to the United States was wrongful and violated custody rights under Brazilian law.
The primary issue in this case was determining whether the child should be returned to Brazil or if an alternate custody arrangement should be made to serve the child’s best interests. After thorough negotiation, both parties reached a comprehensive stipulation, which the court approved, effectively resolving the dispute. For the reasons stated below, the Court orders that the stipulation be approved and adopted.
The Stipulation Agreement
A stipulation and order is a legal document in which the parties involved in a case agree on certain facts, procedures, or actions and then submit this agreement to the court for approval. Once approved, the stipulation becomes an official court order. The stipulation agreement, in this case, establishes several key provisions to help ensure the well-being of the child and the rights of both parents:
- Child Custody: A custody order will be established simultaneously in Brazil and Michigan. The child will live with the mother during the school year and stay with the father during school breaks (summer, winter, and spring).
- Visitation and Communication: The father has visitation rights during school breaks in Brazil. The child will communicate daily with the other parent via WhatsApp.
- Transportation: Parents will share transportation responsibilities for parenting exchanges. The parent starting their time with the child will handle transportation.
- School Arrangements: The child will begin school in Michigan, staying with the father until December 27, 2024. After that, the child will virtually finish the first school semester in Brazil.
- Parental Access During Visits: Both parents agree to make the child available for parenting time when the other parent is visiting.
- Extracurricular Activities: The child may continue playing soccer while in Brazil.
- Passports and Citizenship: Both parents will cooperate in obtaining U.S. and Brazilian passports and dual citizenship for the child.
- Attorney Fees: Each parent will be responsible for their attorney fees and costs.
- Jurisdiction: The court will retain jurisdiction to enforce the terms until both parties agree to dismiss the matter.
Case Results
The final agreement promotes a balanced parenting arrangement, helping provide consistent contact between the child and both parents. A parenting arrangement helps foster cooperation on citizenship and legal matters. This resolution reflects a collaborative approach to co-parenting, prioritizing the child’s best interests and providing clear guidelines for both parties moving forward. The U.S. District Court for the Western District of Michigan approved and adopted this stipulation as an official court order. Making all agreed-upon terms enforceable under its jurisdiction.
IT IS HEREBY ORDERED that the above stipulation is approved and adopted as an order of this court.
Date: August 23, 2024.
Navigating International Family Law
For families facing the complexities of international child custody disputes, it’s crucial to have experienced legal representation. With Masters Law Group by your side, navigating these challenging circumstances becomes more manageable. Your child’s safety is our top priority, and our team of attorneys can help you protect yourself and your children.
Erin Masters and Anthony Joseph have extensive knowledge and experience in cases involving the Hague Convention, enacted through the International Child Abduction Remedies Act (“ICARA”). They are uniquely positioned to help guide you through the legal process and fight for your child’s return to their rightful home.
Contact us today to schedule your complimentary consultation.
