Masters Law Group proudly welcomes Catherine R. Brukalo as its newest family law associate. With a deep knowledge of the legal field, Mrs. Brukalo brings a wealth of experience to the firm.
About Catherine Brukalo
Catherine Brukalo holds a Bachelor of Arts degree from Northwestern University in Evanston, Illinois, and her Master of Arts from University College London in England. Mrs. Brukalo interned at the United States Consulate General in Krakow, Poland, during her time in London. There, she represented the Consulate to various private and governmental organizations. She earned recognition from the United States Ambassador to Poland, Christopher R. Hill.
Legal Experience and Contributions
Catherine Brukalo
Mrs. Brukalo earned her Juris Doctorate from The John Marshall Law School in Chicago, Illinois. She would later begin her legal career as a Law Clerk under Supreme Court Rule 711 with the Cook County State’s Attorney. This helped her gain experience in a felony drug courtroom. Since then, she has represented clients in a variety of legal matters. These legal matters include:
Personal injury.
Wrongful death.
Professional Malpractice.
Probate.
Breach of contract claims.
Real estate transactions.
Domestic relations.
Mrs. Brukalo is actively involved in the legal community, having served in various capacities, such as a member of the Illinois State Bar Association, Advocates Society, McHenry County Bar Association, and Chicago Bar Association. She has received recognition for her contributions, including a Presidential Commendation from the ISBA President for her work on civics education and being named an Illinois Rising Star and Super Lawyer by Illinois Super Lawyers.
In addition to her legal prowess, Mrs. Brukalo is fluent in Polish and regularly publishes legal articles in a Chicago-based Polish-language newspaper. She is also trained in Mediation and Arbitration and holds certification as a Life Coach. She serves as a Director on the Board of the Niles Chamber of Commerce and Industry in Niles, Illinois.
Mrs. Brukalo’s primary focus at Masters Law Group is domestic relations, handling cases involving divorce, parentage, allocation of parental responsibilities, and child support. Her dedication to her clients and commitment to excellence make her a valuable asset to the firm.
At Masters Law Group, we’re committed to helping you achieve the best outcome in your case. Our attorneys possess unique knowledge, experience, and talent in family law and divorce. With over ten years of experience handling family law cases, we know how important it is for our clients to feel comfortable. That’s why we offer free consultations, where you can meet before deciding whether to hire us.
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When deciding how to handle a divorce, it’s important to consider the benefits of traditional divorce versus mediation. Each approach has its benefits and drawbacks, so understanding the differences is key to making the right choice for you and your family.
Divorce can be emotionally challenging no matter where you are in life. Masters Law Group, based in DuPage County, Illinois, with offices in downtown Chicago, is committed to helping couples navigate these tough decisions and offers a comprehensive approach to divorce resolution. Here’s what you need to know.
Understanding Divorce
Divorce involves each party retaining their attorney to represent their interests in court. This process can be adversarial, with a judge often making negotiations and decisions if the parties cannot agree. There are three major types of divorce: contested, uncontested, and civil union.
Contested divorce occurs when there are contentions between spouses and requires numerous steps. An uncontested divorce occurs when there is agreement on all aspects of the divorce. Civil union divorce follows similar divorce processes, but the couple leaves the state where they were granted civil union. Let’s take a look at some pros and cons of divorce.
Divorce Litigation Pros:
Legal Advocacy: Each spouse has dedicated legal representation to navigate the complexities of divorce laws and procedures.
Court Intervention: A judge can resolve disputes when the couple cannot reach agreements on their own.
Protection in High-Conflict Situations: In high-conflict cases, where emotions run extremely high or concerns about safety and abuse arise, litigation may provide a more structured and protective environment. Court orders can include provisions for restraining orders, protective orders, and supervised visitation to help ensure the safety of all parties involved.
Divorce Litigation Cons:
Longer Resolution Process: Laws vary by state, and the process begins with how long one has lived in the state before filing for a divorce. The process can vary depending on the type of divorce. Contested divorces usually take over a year to finalize—although divorces can be completed in as little as three months.
Impact on Children: The contentious nature of traditional divorce can have a negative impact on the children involved, potentially leading to increased stress and emotional difficulties.
Lengthy Resolution of Disputes: Divorce can take longer to resolve disputes over issues like property division or allocation of parental responsibilities, further prolonging the overall process.
Understanding Divorce Mediation
Divorce mediation involves a neutral third-party mediator facilitating discussions between the spouses to reach mutually acceptable agreements. Unlike judges, a mediator cannot decide for you or your spouse. Their job is to keep you and your spouse focused on your needs and interests instead of faults.
When a couple begins divorce mediation, they choose the mediator in advance, or the court may appoint one. Both spouses provide documentation to support their viewpoints regarding disputed issues, while the mediator works with both sides to find a resolution. The mediator’s job is to reach an agreement between the two parties. Here are the pros and cons of divorce mediation.
Divorce Mediation Pros:
Faster Resolution: Mediation often leads to a quicker resolution than a court-based divorce. Mediation sessions can be scheduled at the convenience of the parties involved, and they can work at their own pace, leading to a faster outcome.
Reduced Conflict: Mediation often helps couples improve their communication skills and learn effective ways to resolve conflicts, which can lead to the resolution of family disputes.
Reduced Post-Divorce Disputes: Because mediated agreements are reached through mutual understanding and cooperation, there may be fewer post-divorce disputes and a higher likelihood of compliance with the agreed-upon terms.
Divorce Mediation Cons:
Voluntary Participation: Both parties must be willing to engage in meaningful negotiations for mediation to be successful.
Potential Inequity: Without legal representation, one spouse may feel disadvantaged in negotiating legal and financial matters.
Not Suitable for All Cases: Mediation may not be appropriate for high-conflict divorces or situations involving domestic abuse or significant power imbalances.
Experienced Mediators: Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. The firm’s mediation counselors have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
Experienced Litigators: A skilled litigator has the experience to present your case effectively before the judge. They meticulously prepare legal arguments, gather evidence, and strategically plan to help secure your most favorable outcome.
Conflict Resolution: They are professionals in conflict resolution, focusing on finding peaceful solutions for both parties and their children.
Protecting Your Interests:Masters Law Group attorneys work to protect your legal rights and the best interests of you and your children.
Our senior attorneys, Erin E. Masters and Anthony G. Joseph, are highly esteemed professionals recognized by prestigious publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.
Moving Forward With Confidence
Divorce is a difficult journey, but couples in DuPage County and across Illinois can access professional help to make the process smoother for everyone involved. Masters Law Group offers guidance on divorce and mediation, helping you find the best path forward for you and your family. We aim to help you achieve a resolution, allowing everyone to move onwards with peace of mind.
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The thought of coming home from a long and hard day at the office only to discover that the unthinkable has happened – your foreign-born spouse has left the country and taken your child with them – is a devastating reality for a rising number of parents across the globe. If you are facing such a high-stakes and frightening scenario, here’s what you should know.
In this blog, we will explore five important pieces of information that help shed light on the legal, emotional, and practical aspects. Additionally, we’ll discuss how a child abduction attorney can be a lifeline in these challenging circumstances, offering advice and support throughout the process.
1. Understanding International Parental Child Abduction
International parental child abduction occurs when one parent unlawfully takes their child from the other parent, often without legal authorization or against the court’s custody order. This act can lead to serious legal repercussions for the abducting parent. It’s crucial to recognize that parental child abduction constitutes a violation of both state and federal laws in many countries.
There’s a common misconception that parental child abductions are less harmful because the child is with a parent or family member. However, legal systems typically view parental child abduction seriously, imposing consequences such as criminal charges, fines, and imprisonment for the abducting parent. Efforts are made to prioritize the child’s best interests and help ensure their safety in such circumstances.
When a child is taken, the emotional and psychological toll on them is profound. The sudden separation from one parent and the uncertainty of their well-being can lead to severe distress, affecting the child’s well-being and development for years to come. The abducting parent may face serious legal consequences, including criminal charges, fines, and the possibility of imprisonment. Moreover, their actions could significantly diminish their chances of obtaining parental responsibilities in future court proceedings. If you find yourself in this situation, getting help from a child abduction attorney can help you protect your child’s best interests.
3. Navigating International Parental Child Abduction Procedures
The Hague Convention was enacted into law through the International Child Abduction Remedies Act (“ICARA”), which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to their country of habitual residence. This treaty involves over 91 countries and has designated Central Authorities from member countries to facilitate communication between nations handling abduction cases.
Child abduction attorneys with experience in international family law serve as valuable resources when navigating the Hague Convention. They can guide parents through the complexities of these procedures and help advocate for their children’s best interests.
Establish a Parenting Plan: Without a parenting plan, no official documentation exists specifying where a child should be at any given time. This legal void can lead to situations where parents can, without repercussion, abandon their children or take them away without the explicit consent of the other parent, especially across international borders.
Document Parenting Arrangements: Keeping detailed records of parenting schedules can help resolve disputes and prevent the unauthorized removal of the child.
Establish Clear Communication: Maintain open and constructive communication with the other parent. Agree on communication methods and regular updates about the child’s well-being to foster trust and reduce conflict.
Consult a child abduction attorney to navigate complex legal situations across different jurisdictions. By taking proactive measures and staying informed, parents can significantly lower the risk of international parental child abduction and protect their children’s well-being.
5. How a Child Abduction Attorney Can Help
A child abduction attorney can be extremely helpful in cases involving the abduction of a child/children by one parent. When you partner with an experienced attorney, such as those at Masters Law Group, you gain the support needed to advocate for your family’s best interests. Here are some of the ways they can help:
Legal Advice: Child abduction attorneys understand international and domestic child abduction laws. They can help parents through the legal process and guide them to understand their rights and obligations.
Mediation and Negotiation: Child abduction attorneys may facilitate mediation or negotiation to reach an agreement to protect the child’s best interests.
Court Representation: Child abduction attorneys can represent their clients in court proceedings when necessary. They can advocate for the return of the abducted child and work to help secure appropriate legal remedies and protections.
Child abduction attorneys understand the emotional toll these cases can take on parents and children. With their help, you can better navigate the legal system and work toward a resolution protecting your family’s well-being.
Last Thoughts
International parental child abduction is a distressing reality faced by many families globally. The Hague Convention can be valuable for resolving abduction cases involving international borders and prioritizing their well-being. If you or someone you know is affected by this issue, seeking legal assistance and support is advised to navigate this area of international family law effectively.
At Masters Law Group, our team of knowledgeable attorneys is here to help you through this process. Erin Masters and Anthony Joseph have extensive experience in cases involving international parental disputes in courts located in the State of Illinois and the United States federal court system.
To learn more about our featured Hague Convention Decisions, see here:
Parental responsibility cases can be emotionally challenging and legally complex, especially when situations arise that involve parental child abduction. When family disputes span across national or international borders, the Hague Convention can prove a valuable resource for the parent left behind.
While the main goal of the Hague Convention is to secure the prompt return of children wrongfully removed to or retained in any country (which is not the child’s country of habitual residence), it does not affect or impact the decision-making process regarding custody issues (allocation of parental responsibilities), nor does it focus on the underlying merits of a custody dispute. Rather, it determines under what circumstances a child should be returned to a country for custody proceedings under that country’s laws.
Understanding how this convention applies to parental responsibility cases is crucial for parents recently filing for divorce or separation who have international connections. Unfortunately, some parents never accept the divorce and purposely cause problems, sometimes by taking their child far away from the other parent.
PARENTAL RESPONSIBILITY AND PARENTING PLANS
In Illinois, the landscape of parental arrangements has evolved. “Allocation of Parental Responsibilities” includes the division of decision-making responsibility, previously known as “legal custody,” and parenting time, previously known as “visitation,” amongst the parties. Parenting plans outline the schedule dictating a child’s interactions with each parent after a divorce or separation.
Without a parenting plan, no official documentation exists specifying where a child should be at any given time. This legal void can lead to situations where parents can, without repercussion, abandon their children or take them away without the explicit consent of the other parent. In the state of Illinois, according to 720 ILCS Sec. 10-5(b)(6), a parent can abduct their child if, absent a custodial order/parenting plan, “knowingly conceals” a child “for 15 days and fails to make reasonable attempts within the 15 days to notify the other parent.” Let’s take a look at how Illinois grants custody.
HOW ILLINOIS GRANTS CUSTODY
Approximately 40% of states in the United States strive to provide equal custody time for both parents. Courts consider the child’s best interests when determining parenting arrangements. They aim to confirm that the child maintains a strong and healthy relationship with both parents.
They consider the child’s age, needs, and each parent’s ability to provide a safe environment. The court may select a mother over a father if the father negatively impacts the child or vice versa. Having clear guidelines and agreements can help establish stability and promote effective co-parenting. If you are a parent facing international parental child abduction, or feel your family is at risk of such an event, let’s look at how the Hague Convention could help.
“RIGHTS OF CUSTODY” UNDER THE HAGUE CONVENTION
As previously mentioned, the Convention does not affect or impact the decision-making process regarding custody issues (allocation of parental responsibilities), nor does it focus on the underlying merits of a custody dispute. However, it aims to secure the prompt return of children who have been wrongfully removed to or retained in any contracting state and distinguishes between the remedies available to protect “rights of custody” and “rights of access.”
“Rights of custody” includes rights relating to the care of the child and the right to determine the child’s place of residence.
“Rights of access” includes the right to take the child for a period of time – Article 5(a).
The Convention protects rights of access without an order of return, but in some circumstances, an “access parent” may be considered to hold rights of custody and thus be entitled to an order for the child’s return under the Convention.
PROTECTING PARENTAL RESPONSIBILITIES ACROSS BORDERS
The Hague Convention sets out clear procedures for determining where the child normally lives and dealing with wrongful removal or retention cases. Each country appoints central authoritiesto resolve disputes, and courts in both the child’s home country and the country where they’re in decide on the best course of action.
If the Convention states if the removal or retention was wrongful, then the court must order the child returned to his or her habitual residence for a custody determination, unless the responding parent (the parent who removed or retained the child ) can establish one of the following:
More than one year has passed since the wrongful removal or retention and the child is settled in his or her new environment
The petitioning parent was not actually exercising custody rights at the time of the removal or retention
The petitioning parent had consented to or subsequently acquiesced in the removal or retention
The child objects to being returned and is of an age and maturity level at which it is appropriate to take account of his or her views
There is a “grave risk” that the child’s return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” or
The return of the child would be inconsistent with “fundamental principles … relating to the protection of human rights and fundamental freedoms.”
Parents often face hurdles when dealing with international parenting disputes.One of the most significant challenges is simply navigating another country’s legal system. This can involve language barriers, unfamiliar legal procedures, and cultural differences, making it difficult for parents to advocate for their rights effectively.
Additionally, parents may struggle to locate and communicate with their children, especially if the other parent is hiding them. In some cases, parents may also face obstacles related to travel, such as visa restrictions or prohibitive travel costs. International parental responsibility cases can be highly stressful and emotionally taxing for parents. That’s why having the right support and guidance is essential throughout the process.
But to navigate these complex cases successfully, seeking legal counsel with knowledge and experience in Hague proceedings is extremely valuable. Erin Masters and Anthony Joseph have extensive experience in cases involving international parental disputes in courts located in the State of Illinois and the United States federal court system.
Our profound understanding and proficiency with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”), enacted into law through the International Child Abduction Remedies Act (“ICARA”), empowers us to help advocate thoroughly and effectively.
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Navigating pet custody during divorce can be intricate, especially when our beloved pets are deeply intertwined with our family dynamics. As we celebrate National Pet Day on April 11th, it serves as a poignant reminder of the unique connection we share with our furry friends. Nevertheless, divorce often stirs intense emotions, further complicating an already delicate circumstance.
As attitudes toward pets evolve, so do the laws governing their custody in divorce cases. In Illinois, courts recognize the profound significance of pets in family life and consider their well-being when determining custody arrangements. Navigating these legal intricacies can be daunting, which is why seeking the guidance of a compassionate divorce attorney can be essential.
Join us as we explore the evolving landscape of pet custody in Illinois and how a divorce attorney can be crucial for protecting the best interests of your beloved furry companions.
THE CHANGING LANDSCAPE OF PET CUSTODY
Traditionally, pets were treated as personal property in divorce proceedings, subject to division, and other assets such as cars and furniture. However, many pet owners found this approach inadequate, as it needed to consider the emotional bond between humans and their animal companions.
Recognizing this, several states, including Illinois, have adopted laws that allow courts to consider the pet’s best interests when determining pet custody arrangements. While pets are still technically considered property under the law, judges now have the discretion to award custody based on factors such as who primarily cares for the pet, who can provide a stable living environment, and the relationship between the pet and each spouse.
UNDERSTANDING PET CUSTODY IN ILLINOIS
Pet custody is a significant consideration in Illinois divorce cases. When spouses cannot agree, the court decides based on various factors. Unlike parental responsibilities, no strict guidelines lead to varied outcomes. Disputes over pets like dogs and cats are common in divorces.
The Illinois Marriage and Dissolution of Marriage Act addresses custody-like provisions for family pets, also known as ‘companion animals.’ These pets are treated as marital assets. However, it’s essential to note that not all pets fall under this category. The specific provisions may not cover pets such as reptiles, birds, or small mammals for companion animals. Ownership may be determined based on general property division principles rather than considering the pet’s well-being.
Factors determining pet ownership include:
Who adopted the pet.
Day-to-day caregiving.
Each spouse’s ability to care for the pet.
Any emotional attachments to the pet.
Any ownership agreements for the pet.
The owner retains sole ownership if the court deems the pet a non-marital asset. If it’s a marital asset, ownership is allocated based on the pet’s well-being. It’s important to note that while courts may consider the pet’s best interests, their primary concern is still the parties’ welfare. Fortunately, Illinois law recognizes that pets hold a special place in families and takes their well-being seriously when determining ownership during divorce proceedings.
HOW DOES THE COURT CONSIDER THE “WELL-BEING” OF THE PET?
It’s worth noting that, unlike the allocation of parental responsibilities, pet custody in Illinois is not based on the pet’s “best interests.” Suppose one spouse can demonstrate that they have been mainly responsible for the daily care and well-being of the pet, including feeding, grooming, and providing medical care. In that case, the court is more likely to award ownership to that spouse.
If you want to retain ownership of your pet after a divorce, it’s important to have evidence that shows your involvement in the pet’s life. This can include photographs and receipts for pet-related expenses such as veterinary bills. These documents show the court your commitment to caring for the pet and the bond you share with them.
It’s important to note that courts may consider parental responsibilities and parenting time when determining pet ownership during a divorce. Children often share a strong bond with family pets, and a spouse can argue that most parenting time could be affected. If spouses can’t agree on pet ownership, they may need to go to court to have a judge decide. Couples can mediate pet disputes when a divorce case doesn’t go to court. Regardless of the approach chosen, finding a solution that suits one’s specific circumstances is critical.
HOW A DIVORCE ATTORNEY CAN HELP
Navigating pet custody issues in divorce cases can be emotionally charged and legally complex. A divorce attorney can provide valuable assistance in protecting your pet’s rights. At Masters Law Group, you can confidently navigate the complexities of divorce and reduce stress. Your rights and the well-being of your family are our top priorities. Here are some ways our divorce attorneys can help:
Negotiation and Mediation: Pet custody disputes can be resolved through negotiation or mediation outside of court. Your attorney can help advocate during these discussions to reach a mutually acceptable agreement that prioritizes your pet’s well-being.
Court Representation: A skilled attorney is essential if negotiations fail and your case proceeds to court. Your attorney will present evidence and arguments to support your position, helping increase your chances of a favorable outcome in the judge’s eyes.
Gathering Evidence: Your divorce attorney can assist you in gathering evidence to support your claim to pet ownership. This may include documentation of your involvement in the pet’s care, such as veterinary records, receipts for pet-related expenses, and witness statements attesting to your relationship with the pet.
Addressing Parenting Time Concerns: If children are involved, a divorce attorney can help address concerns about how pet custody arrangements may impact parenting time. They can work to find solutions that prioritize both the children’s and the pet’s well-being.
Emotional Support: A divorce involving pet custody can be emotionally challenging. Your attorney can provide compassionate support and guidance throughout the process, helping you navigate the difficult decisions and emotions.
FINAL THOUGHTS
Pets are uniquely positioned in divorce proceedings, representing shared property and emotional connections between spouses. Navigating the complexities of determining their custody and care can be challenging and emotionally charged. That’s why it’s crucial to have strong legal representation to assert your rights regarding pet ownership in an Illinois divorce.
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April is Sexual Assault Awareness Month, shedding light on a sensitive topic often surrounded by silence and stigma. Within the broader context of family law, divorce can intersect with issues of family violence and sexual assault, requiring delicate legal handling.
Nationwide, 81% of women and 43% of men reported experiencing some form of sexual harassment and assault in their lifetime. The effects of sexual assault and harassment can cause physical harm and emotional wounds that are endured for years.
In such instances, seeking assistance from a family law attorney can prove crucial for navigating the complexities of divorce and obtaining necessary protection orders. In today’s blog, we will explore the significance of legal support in these situations and how it can empower individuals to protect themselves and their families. Here’s what you need to know.
THE ROLE OF SEXUAL ASSAULT AWARENESS MONTH
Sexual Assault Awareness Month serves the critical purposes of shedding light on the severity of domestic violence, debunking myths, and dispelling stereotypes. Through education about the signs and impacts of abuse, individuals gain the tools to recognize and address it effectively. This month reinforces the message that survivors have support and resources.
Moreover, Sexual Assault Awareness Month underscores the importance of prevention through community engagement and educational initiatives. It encourages discussions about healthy relationships, consent, and bystander intervention. Let’s learn more about domestic violence and how it can be prevented.
WHAT IS DOMESTIC VIOLENCE?
Domestic violence/domestic abuse is typically manifested as a pattern of abusive behavior toward an intimate partner in a dating or family relationship, where the abuser exerts power and control over the victim. Domestic abuse can be mental, physical, economic or sexual in nature.
Regrettably, domestic violence transcends boundaries and can affect individuals of any gender, race, or socioeconomic status. Its wide-ranging repercussions impact not only the immediate victims but also the children who witness such abuse.
The warning signs of abuse may not manifest immediately and can evolve as the relationship progresses. However, it’s important to recognize that each relationship is unique, and domestic violence can manifest in various forms. One common trait among abusive relationships is the abuser’s attempt to establish power and control through various methods at different stages. Fortunately, there are strategies available to help protect you from this abuse.
ORDERS OF PROTECTION: A VITAL LIFELINE
Divorce proceedings can intensify tensions within a relationship, potentially worsening existing instances of family violence or leading to new forms of abuse. Additionally, survivors may disclose incidents of sexual assault during this tumultuous period. It’s crucial to recognize that survivors of sexual assault may face heightened vulnerability during divorce proceedings, often encountering threats, coercion, or manipulation from their abuser.
Fortunately, Orders of Protection (restraining orders) serve as a legal mechanism to shield survivors of family violence and sexual assault from further harm. These court orders can establish boundaries, prohibit contact, and provide security for individuals and their children. Survivors need to know that they do not have to face this process alone. Getting an order of protection requires a comprehensive understanding of legal procedures, evidence requirements, and advocacy skills.
A family law attorney can help provide legal resources and support services to assist in navigating an order of protection. By seeking the assistance of a compassionate and dedicated legal team, survivors can take crucial steps towards reclaiming their autonomy and finding security and peace of mind.
IF CHILDREN ARE INVOLVED
Unlike allegations of domestic violence, accusations of sexual abuse, particularly child molestation, are typically not made lightly. Such accusations are infrequent and receive intense scrutiny. The courts typically respond by appointing a Guardian ad Litem to investigate, with an expectation that the accusing parent has made every effort to investigate, document, and halt the sexual misconduct as soon as suspicion arose.
If accusations of sexual abuse, especially concerning children, arise within your marriage, immediate arrangements for a medical examination of the victim or alleged victim, even if that victim is yourself, are imperative. Subsequently, contacting an attorney should be a priority. Taking swift action can be pivotal in establishing the truth in court.
THE ROLE OF A FAMILY LAW ATTORNEY
In the face of such challenges, the guidance of a knowledgeable family law attorney can be valuable. Family law attorneys have experience in navigating the complexities of divorce cases involving family violence and sexual assault. At Masters Law Group, we aim to protect you and your children’s best interests. Here are some of the areas that we can help you navigate:
Parenting Time: If you have children, work closely with your attorney to determine the best parenting time plan. This helps to ensure that the agreed-upon arrangements prioritize your children’s well-being and best interests.
Mediation: Explore options such as mediation or collaborative divorce to help you and your ex-spouse reach mutually beneficial agreements outside of court. Your family law attorney can help guide you through these processes and represent your best interests during negotiations.
Post-divorce disputes: After the divorce is finalized, circumstances may require modifications to allocating parental responsibilities, visitation, or support arrangements. Stay in touch with your attorney to address any changes or issues that may arise in the future.
Orders of Protection: In cases where an order of protection is granted, attorneys monitor compliance and take swift action against any violations. This proactive approach reinforces the efficacy of legal measures and prioritizes the safety of survivors and their families.
In addition to representing clients, Senior Partner Erin E. Mastersis also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Furthermore, Senior Partner Anthony G. Josephis also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.
Remember, during this challenging period, Masters Law Group is here to support you and your legal rights. Working with our trusted attorneys can help alleviate the stress associated with domestic disputes, helping ensure a smoother transition for both you and your children.
COMMUNITY RESOURCES
In Chicago, there is a wide range of community resources available to support survivors of sexual assault. The Domestic Violence Legal Clinic provides legal assistance and advocacy services, helping ensure survivors can access legal remedies. The Chicago Metropolitan Battered Women’s Network serves as a comprehensive resource hub, connecting survivors to various shelters, counseling, and legal aid services throughout the city.
Hospitals like the YWCA Metropolitan Chicago also provide comprehensive medical care and forensic exams for survivors seeking immediate assistance. These community resources play a vital role in supporting survivors to help them heal and seek justice in the aftermath of sexual assault.
LAST THOUGHTS
As we observe Sexual Assault Awareness Month, it’s crucial to recognize the intersection of divorce, family violence, and sexual abuse. Shedding light on these issues can empower survivors to take proactive steps toward safety and justice.
At Masters Law Group, our skilled family law attorneys are here to help navigate the complexities of divorce while prioritizing the well-being of survivors and their families. Let us strive to create a society where survivors are heard, supported, and empowered,
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The nightmare of having your child taken across borders is a frightening reality for a growing number of parents across the globe. Under the Hague Convention, solutions are provided for parents who seek the return of their child to their country of habitual residence.
International Parental Child Abduction is an act of illegally taking a child from their residing home by one of the parents across international borders. If you suspect the possible scenario of International Parental Child Abduction in your family, here are some questions and answers that can provide valuable insight.
1. What is the Hague Convention?
The Hague Convention was enacted into law through the International Child Abduction Remedies Act (ICARA). This law provides help to parents whose child or children have been wrongfully removed from or retained in their custody. They may petition for the child’s return to their country of habitual residence.
This Hague treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December 1983. There are over 93 countries that participate in the treaty. This treaty governs the way other countries’ 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 help ensure 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.
2. What Is “Wrongful Removal” Under The Hague Convention?
Deciding whether to file a Hague application is a big decision. It depends on the specific circumstances of each case. A wrongful removal or retention of a child is considered illegal if it violates your custodial rights and you were exercising those rights at the time of the removal or retention.
In order for the Hague Convention to apply, it must have been in force between the two countries when the wrongful removal occurred. When a country joins the Convention, it doesn’t automatically partner with all countries that have ratified or joined it. Instead, countries must accept another country’s accession to the Convention before forming a treaty partnership.
3. How Can A Hague Lawyer Help?
A Hague Convention lawyer has experience handling cases related to international child abduction and custody disputes governed by the Hague Convention. They possess in-depth knowledge of the Convention’s provisions, procedures, and legal precedents, enabling them to navigate the complexities of your case effectively. Here’s how a Hague lawyer can assist you:
International Legal Aid:Hague lawyers often have established networks of lawyers and resources worldwide, facilitating communication and collaboration across international borders.
Negotiation and Mediation: A Hague lawyer can represent your interests during negotiations. Reaching an amicable resolution through negotiation or mediation is preferable to lengthy court proceedings.
Court Representation: If your case proceeds to court, your Hague lawyer will advocate on your behalf, presenting compelling arguments and evidence to support your child’s return to their country of habitual residence.
While others may drag on longer, especially if they involve complex legal proceedings or appeals, one exception is when there are genuine concerns about the child’s safety or well-being. In such cases, the Hague Convention prioritizes the child’s welfare and safety. Working with a Hague lawyer can help you understand what steps to take to get the swift and safe return of your child.
5. What Steps Should I Take If My Child Has Been Wrongfully Taken?
Discovering that your child has been wrongfully taken across borders is a harrowing experience. Acting swiftly and decisively is crucial if you are in this unfortunate situation. Here are essential steps to consider as you navigate this distressing ordeal:
Consult with a Hague Lawyer: Seek legal advice from a Hague Convention lawyer. They can assess your case and guide you through the legal process.
File a Hague Application: Depending on your country of residence, you may need to apply the Hague Convention through the appropriate central authority. Your lawyer can assist you with completing and submitting the necessary documentation.
Gather Evidence: Collect evidence supporting your claim. This includes documentation of your custody rights, evidence of the child’s habitual residence, and communication with the other party regarding the abduction.
Cooperate with Authorities: Work closely with law enforcement, central authorities, and Hague lawyers involved in your case. Provide them with any requested information or assistance to facilitate the prompt resolution.
Finding Legal Representation
Selecting a Hague lawyer familiar with state, federal, and international laws is crucial. Masters Law Group attorneys Erin Masters and Anthony Joseph have years of experience handling Hague Convention cases. Our experience in the Hague Convention field shows our competence in providing legal counsel for these stressful scenarios.
For more information, here are a few of our highlighted Hague Convention cases:
The emotional turbulence of divorce and navigating the legal intricacies can seem daunting and overwhelming. However, in DuPage County, Illinois, there’s a pathway that offers a more amicable and efficient resolution: divorce mediation.
With the United States ranking third globally in divorce rates, at 2.4 divorces per 1,000 people, the need for effective resolution methods is more pressing than ever. In this blog, we’ll explore mediation and how a DuPage divorce lawyer can help you with the process. Here’s what to expect when pursuing this alternative method of resolution.
What Is Mediation?
Divorce mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who facilitates communication between the parties to help them reach a mutually beneficial solution. Unlike a judge, the mediator does not make decisions for the parties; instead, they help them reach their agreement.
Mediation typically begins with both parties meeting with their mediator to discuss the issues at hand. The mediator then facilitates communication between the parties, helping them identify and address their concerns. Once an agreement is reached, the mediator drafts a written contract that both parties can sign.
In some cases, mediation may not be successful; especially surrounding domestic violence or substance abuse. For those who have a more “black and white” separation vision, mediation helps the parties better understand each other’s positions and concerns, making future negotiations more straightforward.
When Can You Use Mediation in DuPage?
In DuPage County, mediation can be used at any stage of the divorce process, whether before filing for divorce or during litigation. It’s particularly encouraged when couples wish to maintain a cooperative relationship and have more control over the outcome of their divorce.
Mediation offers a more private, confidential, and intimate setting, which can help to alleviate some of the stress associated with divorce. Parties can work together to resolve their issues in a safe environment without the added pressure of a courtroom setting. These agreements are typically confidential, meaning the dispute and resolution details are kept private. It can help protect the parties’ privacy and avoid potential negative publicity from a public trial.
How Does Divorce Mediation Work?
Before diving into mediation, some groundwork is necessary. Start by gathering all pertinent information and documents related to the disputes in your divorce. For instance, if there’s contention over whether certain assets are marital or separate property, assemble the relevant financial records.
Certain mediators may request this information as part of the initial intake process. Here’s how the process typically unfolds:
Choosing a Mediator: Couples typically select a mediator together, helping ensure they feel comfortable with the individual facilitating their discussions.
Initial Meeting: The mediator meets with both spouses to discuss the process, set ground rules, and identify the issues that must be resolved.
Negotiation Sessions: Over several sessions, the spouses, along with their attorneys if they choose to have legal representation, engage in discussions facilitated by the mediator. The goal is to reach mutually agreeable solutions on all aspects of the divorce.
Drafting the Agreement: Once agreements are reached, the mediator assists in drafting a legally binding agreement that reflects the decisions made by the couple.
What If You Don’t Reach an Agreement in Mediation?
While mediation aims to find common ground and reach agreements on all issues, it’s not uncommon for certain matters to remain unresolved. In such cases, couples have several options:
Continue Mediation: If only a few sticking points prevent a full agreement, couples can choose to continue mediation sessions to work through these remaining issues.
Seek Alternative Dispute Resolution: If mediation proves unsuccessful, couples may explore forms of alternative dispute resolution, such as arbitration or collaborative law. These methods offer different approaches to resolving conflicts outside of traditional litigation.
Litigation: Couples may resort to litigation for those specific matters when mediation fails to produce a comprehensive agreement. This involves presenting unresolved issues to a judge, who will then make decisions on behalf of the couple.
It’s worth noting that even partial agreements reached through mediation can still offer benefits. Resolving some issues through mediation can help streamline the litigation process, reducing the time and costs associated with court proceedings. Working with a DuPage divorce attorney can help you find the right solution based on your needs and goals.
Finalizing a Mediated Dissolution In DuPage County
Once the mediated agreement is drafted, it must be reviewed and approved by each spouse’s respective attorney before being submitted to the court for final approval. Upon approval, the mediated agreement becomes a court order, legally binding to both parties.
Having a trustworthy divorce attorney by your side can help ensure a smooth transition. Our team of experienced divorce mediation attorneys is fully prepared to advocate for you and your family.
Erin E. Masters and Anthony G. Joseph have consistently earned recognition from esteemed publications year after year (including Best Lawyers, Best Law Firm, Top 100 Lawyers, and Leading Lawyers), a testament to their unwavering work ethic, strong character, and experience in family law. Our track record of success reassures you that you have a reliable and dependable ally throughout your divorce mediation proceedings.
Working with a DuPage Divorce Lawyer
While mediation is designed to be a collaborative process, having a DuPage mediator by your side can help provide valuable support and guidance. At Masters Law Group, serving clients in Cook County and DuPage County, Illinois, our experienced attorneys understand that divorce is stressful for everyone involved.
We prioritize our clients’ assurance and well-being throughout the mediation process. Whether you are facing mediation, a contested, uncontested, or a civil union divorce, our attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.
International parental abductions have been reported in countries all over the world. 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 Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) was enacted into law through the International Child Abduction Remedies Act (“ICARA”), which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.
In our most recent case that concluded on February 20, 2024, the husband – represented by Masters Law Group – filed a petition for the return of his two children, who were taken from his residence in Colombia to the United States by his wife – the mother of the children. As relevant here, the Hague Convention provides that a parent whose child or children have 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
Before the Court is Petitioner’s Verified Complaint and Petition for Issuance of a Show Cause Order and for Return of Minor Children to Colombia (D. 1). The Court held a bench trial on February 14-16, 2024, with both parties physically present and testifying. The Court GRANTED the petition for the following reasons.
Case Background
This case involves a Hague Convention petition for the return of two minor children born in Colombia to a Colombian citizen petitioner and a United States citizen respondent. The parties were married in the United States in 2012 and lived together in Colombia. The respondent, a full-time childcare provider, took the children to the U.S. for a family reunion but faced passport renewal delays. The Petitioner acquiesced to the extended stay. Despite attempts to attend mediation remotely, The Petitioner canceled, insisting it be rescheduled upon their return to Colombia.
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
The Court finds in favor of the Petitioner, concluding that the Respondent wrongfully retained the children and dismissing her claim of grave risk of harm. The Petitioner’s request for the return of the children to Colombia is granted.
Respondent is ordered to ensure the children’s return to Colombia within 28 days, by March 20, 2024, either with herself or an authorized caregiver. Seven days before their departure, Respondent must provide details of the return flight to the Petitioner.
Petitioner may seek reimbursement for expenses following Federal Rule of Civil Procedure 54(d)(1) and D.C.COLO.LCivR 54.1. Respondent is liable for costs, legal fees, and transportation unless proven clearly inappropriate.
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.
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At Masters Law Group, we proudly honor the trailblazing women within our family law firm and across all fields in every industry. As family law attorneys, we have firsthand experience with the complexities of divorce and helping women through this challenging time.
Every year on March 8th, we celebrate International Women’s Day, recognizing the achievements and resilience of women everywhere. Being a female going through a divorce can be an isolating and overwhelming experience. If you’re a woman feeling unhappy in your marriage, you’ve likely considered initiating divorce. However, determining whether it’s the right choice for you, your children, and your spouse can be daunting. That’s why seeking personalized divorce advice is crucial for making well-informed choices.
Leaving a marriage is a woman’s toughest decision, often presenting unique challenges. There are important factors to consider upfront and inevitable hurdles along the way. Here are some practical tips to help protect yourself during the divorce or separation process.
Why Women Initiate Divorce
In the United States, women often initiate divorce more frequently than men. This trend has grown as women now have more job opportunities and higher independent incomes, which reduces the financial risks associated with divorce compared to the past. Here are some notable statistics:
The divorce process has also become more accessible, especially with the legalization of no-fault divorces in certain states. Illinois is one of the states that follows a no-fault divorce model. This means couples can dissolve their marriage without having to prove fault or wrongdoing by either party. This can simplify the process, offering a straightforward route from an unsustainable marriage.
Preparing Yourself Emotionally
When you initiate the discussion of divorce with your spouse, and especially when you take the definitive step to file, you’re entering a realm with no clear path back.
At the core of any amicable divorce lies open and sincere communication. If possible, both partners must come together to express their feelings, concerns, and expectations. This fosters trust and clarity, reducing misunderstandings and unnecessary conflicts.
If conversations become difficult or communication proves challenging, consider involving a mediator, therapist, and divorce attorney. These professionals offer guidance and a neutral space for productive discussions, aiding both parties in reaching fair and mutually agreeable resolutions.
Remember, if you are initiating divorce due to dangerous behavior, such as physical and emotional abuse, drug addiction or other factors, you can seek an Order of Protection. Let’s explore this more.
What is Domestic Violence?
Domestic violence is described as abusive behavior when a family or household member uses physical or mental maltreatment toward another family or household member. The IDVA uses the following terms as abuse:
1. Physical abuse
2. Harassment
3. Intimidation of a dependent
4. Interference with personal liberty
5. Willful deprivation
6. Exploitation
7. Stalking
What is an Order of Protection?
An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior.
Who are persons considered to be family or household members?
The IDVA defines members to include:
1. A spouse
2. Ex-spouse
3. Girlfriend/boyfriend who have or have had a dating or engagement relationship
4. Parents
5. Children
6. Stepchildren
7. Significant other/partner
8. Persons who share or allege to have a blood relationship through a child
9. Persons who live together or formerly lived together
10. Persons with disabilities and their personal assistants
Need an Order of Protection in Illinois? Contact us to help you file in Illinois Civil court.
Prioritizing The Well-Being Of Your Children
If you don’t have the safety of yourself and/or family to worry about, if you have children, their well-being should be your top priority. If possible, maintain a united front when it comes to co-parenting decisions. Create a comprehensive parenting plan that outlines responsibilities, schedules, and guidelines. Keep children out of adult conflicts and reassure them of your love and support.
Whether it’s parenting time, asset division, or spousal support, your DuPage divorce attorney will help that your voice is heard and that the court’s decision is fair and aligned with your best interests. Furthermore, during court proceedings, your DuPage or Chicagoland divorce attorney can address unexpected challenges and legal objections and help ensure that all legal procedures are followed diligently.
Their presence in court assures you that you have a dedicated legal professional fighting on your behalf, helping you navigate the complexities of the judicial process during an emotionally challenging time.
Consider Options for Equitable Distribution
As couples navigate the challenging path of divorce, alimony, and asset division are critical aspects that demand attention. Unfortunately, Illinois is not a 50/50 state for divorce. This means that the court weighs several factors to determine how to fairly divide property rather than dividing property 50/50. Illinois follows a more intricate approach called “equitable distribution.” Here’s how it works:
Contribution to the Marriage: The court looks at what each spouse brought to the marriage regarding money and non-money contributions like caring for the home or children.
Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
Custodial Arrangements: If there are kids, the court looks at custody and how it impacts finances.
Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
Tax Consequences: Taxes resulting from asset division are also considered to make things fair.
Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
Future Needs: The court considers what each person will need, especially if one is in a tougher spot after the divorce.
Agreements: Any agreements made before or during the marriage, like prenups, are considered if they meet legal standards.
Remember, “equitable distribution” doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.
Consider Divorce Mediation
Mediation offers an alternative dispute resolution method where a neutral mediator facilitates settlement discussions between you and your spouse, aiming to reach a final agreement. Unlike judges, mediators lack the authority to decide on behalf of either party. Instead, they focus on needs and interests rather than faults and rights.
In divorce mediation, couples either choose a mediator or one is appointed by the court, with costs typically split between both parties. Both spouses present supporting documentation for disputed issues, and the mediator works with both sides to find a resolution. The ultimate goal is reaching a mutually acceptable agreement.
Even with disagreements, divorce doesn’t have to escalate into a conflict. Mediation can provide a constructive path for addressing issues like allocating parental responsibilities and alimony, serving as an alternative to formal litigation in divorce court.
FINAL THOUGHTS
While many questions and valid concerns come with divorce, the divorce process does not have to be difficult, and you don’t have to go alone. If you’re a woman considering filing for divorce, our experienced DuPage Divorce attorneys are available to address any inquiries you may have along the way.
Learn more about the experienced and talented females at our Family Law Firm
Partner / Family Law Mediator: ERIN E. MASTERS
Erin E. Masters is the principal of Masters Law Group, located in Chicago, Illinois. The firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and Hague Convention/ international child abduction matters.
Associate Attorney: HAILEY MCGILLIVRAY
Hailey McGillivray is a dedicated and meticulous attorney, currently admitted to the Illinois State Bar. She holds an American and Canadian Juris Doctor from the University of Detroit Mercy School of Law and the University of Windsor Faculty of Law.
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