Understanding the Hague Convention: What U.S Families Need to Know

Understanding the Hague Convention is crucial for families across America facing international custody disputes.

International family law can be complex and challenging, especially concerning child custody disputes. The Hague Convention on the Civil Aspects of International Child Abduction, aka the Hague Convention, is an international treaty that protects children from parental abduction across international borders. In this blog, we will explore the critical aspects of the Hague Convention and what American families must know. 

What is the Hague Convention?

The Hague Convention is an international agreement that provides a legal framework for the prompt return of children who have been wrongfully removed or retained outside their home country. The convention guarantees that parents must return children involved in international custody cases to their habitual residence. This deters parents from attempting to relocate children across borders without the other parent’s consent or a court order.

The original Hague Conventions of 1899 and 1907 were massive, multi-part international treaties that established certain guidelines of international law, including rules of engagement that countries agreed to follow during times of war. In the decades since, many additional Hague conventions have taken place and the Hague Conference on Private International Law (HCCH) was established as a permanent organization with the goal of establishing and supporting a set of unified international laws.

Each section and installment of the Hague Conventions has been signed, ratified, and entered into force by a different selection of countries. As such, any list of “Hague countries” based upon a single convention would be suspect and inadequate. However, as of March 2022, the HCCH itself includes 91 permanent members: 90 countries (nearly all of which are also members of the United Nations) and the European Union itself, which is classified as a “Regional Economic Integration Organisation (REIO). HCCH also includes 65 “connected parties” which are not full members, but are either in the process of becoming a member or have signed, ratified or agreed to observe one or more HCCH Conventions (full list can be found here).

How does the Hague Convention work?

The left-behind parent can initiate legal proceedings for the child’s return when someone wrongfully removes or retains them in a Hague Convention country. The central authority in the country where the child is located, such as the U.S. Department of State’s Office of Children’s Issues, plays a crucial role in coordinating efforts to find the child and facilitate their return.

Under the Hague Convention, the child’s return is the primary objective, and the legal proceedings focus on determining the child’s habitual residence and whether their removal or retention violated the custody rights of the left-behind parent. The Hague Convention does not address custody or visitation rights issues but instead focuses on the prompt return of the child to their country of habitual residence. 

What should U.S-based families know?

The United States signed the Convention in 1994, and the Convention entered into force for the United States on April 1, 2008.

American families need to understand the importance of the Hague Convention when they find themselves involved in international custody disputes. If you find yourself in this situation, here are some tips you can follow.

  • Prompt action is crucial: If you believe your child has been wrongfully removed or retained in a Hague Convention country, it is essential to act promptly. Initiating legal proceedings increases the chances of a successful resolution.
  • Contact the central authority: In the United States, the Office of Children’s Issues within the U.S. Department of State serves as the foremost authority for Hague Convention matters. They can provide valuable information, resources, and assistance locating and returning your child.
  • Gather evidence: It is essential to gather evidence demonstrating your child’s habitual residence and the wrongful removal or retention. Documentation such as birth certificates, custody orders, and communication records can strengthen your case.
  • Consulting with a family law attorney: A family law attorney with experience in Hague law matters is highly recommended. They can guide you through the legal process and help you navigate the complexities of the Hague Convention.

It’s essential to prepare for challenges. International custody disputes can be emotionally demanding. Preparing for language barriers and cultural differences can also lengthen the process.

Working With A Hauge Attorney

Engaging a Hague attorney increases the likelihood of resolving your custody dispute efficiently and effectively. These attorneys deeply understand the Hague Convention and its application in the United States. They can guide you through the complex legal processes and advocate for your rights and interests. One of the primary advantages of working with a Hague attorney is their experience in mediation and negotiation. These methods aim to resolve custody disputes outside of court by facilitating constructive dialogue and finding mutually agreeable solutions.

At Masters Law Group, we understand the complexities involved in international custody disputes and the importance of finding a resolution that aligns with your objectives. Our attorneys will tirelessly advocate for your interests and work towards a favorable outcome. We prioritize open communication with our clients and strive to provide personalized attention to address your concerns and ensure you are well-informed throughout the legal process.

Final Thoughts

Understanding the Hague Convention is essential for families across America facing international custody disputes. Erin Masters and Anthony Joseph have extensive knowledge in handling cases involving international child custody disputes, representing clients in the United States federal court system.

To demonstrate our competence, here are a few recent Hague decisions we have successfully managed:

If you or someone you know is facing the distressing possibility of international parental child abduction, please do not hesitate to reach us.

Contact us today to schedule your complimentary consultation.

Summer Vacation and Child Custody: Tips for Parenting Time

Co-parenting during the summer months can present unique challenges. With the right strategies in place, you can help make it stress-free for you and your child.

This blog will delve into valuable tips to help co-parents navigate summer vacations while maintaining a harmonious co-parenting relationship. By implementing these parenting tips, you can help ensure your child’s summer break is filled with fun, love, and quality time spent with both parents.

Read on to discover effective co-parenting techniques that will make your summer vacation successful.

What is Parenting Time?

The term “custody” is no longer used in the law. It is now called “parental responsibilities.” This includes parenting time (formerly “visitation”) and decision-making power.  Parenting time refers to the time each parent spends with their child.

Parenting time is literally just a schedule of each parent’s time with the children.  This schedule is agreed to and approved by the family court judge.  If the parents can’t agree on the schedule, the family court judge will assign the parents a schedule based on the “best interests” of the child.

Parental responsibilities refer to the decision-making responsibilities that each parent will have on behalf of the child. The parties may agree to share decision-making for the child or they may divide up the individual categories of decision-making responsibilities.

Those categories of decision-making responsibility must include:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

If the parents can’t agree on who gets what responsibility, the Illinois family court judge will allocate those responsibilities amongst them. (See more below on Allocation of Parental Responsibilities).

Does Illinois Grant Equal 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 time and custody arrangements. They aim to ensure that the child maintains a strong and healthy relationship with both parents. They consider factors such as the child’s age, needs, and the ability of each parent to provide a safe environment.

Illinois courts grant parenting time and responsibilities based on the child’s best interest. This means the court only favors a mother over a father if the father negatively impacts the child.

Clear guidelines and agreements regarding parenting time and custody can help establish stability and promote effective co-parenting. Let’s take a deeper look at some helpful co-parenting methods.

Plan In Advance

Effective co-parenting requires proactive planning for summer vacation. Start by discussing your vacation plans with the other parent well in advance. This allows both of you to evaluate and discuss the feasibility of the proposed dates and destinations. Consider factors such as your child’s preferences, special events or activities they may want to participate in, and overall availability. Considering these commitments helps you avoid scheduling conflicts and ensures your child doesn’t miss out on critical activities.

Engaging in open and constructive communication with the other parent is crucial during the planning stage. Discussing your expectations and desires for the vacation allows you to find common ground and work towards a mutually agreeable arrangement. It’s essential to listen to each other’s concerns and be willing to compromise where necessary. Remember, the focus should always be on providing your child with a positive and enriching vacation experience.

By initiating discussions early, considering your child’s preferences, school schedules, and commitments, and maintaining open communication with the other parent, you can avoid conflicts and work together to create a memorable and enjoyable summer vacation for your child.

Communicate Openly

Clear and open communication is vital to successful co-parenting. Communication becomes even more critical during the summer break. Keep each other informed about your vacation plans, including travel itineraries, accommodation details, and emergency contacts. Regularly update the other parent about any changes or delays impacting the agreed-upon schedule. Maintaining open lines of communication ensures transparency and builds trust between co-parents.

Be Flexible And Compromise

Flexibility is crucial when co-parenting during summer vacation. Understand that unexpected events or last-minute opportunities may arise, requiring adjustments to the agreed-upon plans. Be willing to accommodate reasonable requests from the other parent, and consider your child’s best interests when making decisions. Maintaining a cooperative and flexible attitude helps create a positive co-parenting dynamic and allows for enjoyable vacations for everyone involved.

Create A Detailed Vacation Plan

To avoid confusion and minimize potential conflicts, create a detailed vacation plan that outlines the agreed-upon arrangements. Include travel dates, pick-up and drop-off locations, transportation arrangements, and contact details for both parents. This plan can serve as a reference point for both parents and helps ensure that everyone is on the same page.

Consider The Child’s Needs

While making vacation plans, always prioritize the well-being and happiness of your child. Consider their preferences, interests, and special considerations such as allergies or medical requirements. Involve your child in the decision-making process where appropriate, giving them a sense of ownership and excitement about the vacation. Remember, the goal is to create lasting memories and positive experiences for your child.

Respect Boundaries

When co-parenting during summer vacation, respecting each other’s boundaries is crucial. Avoid involving your child in conflicts or negative discussions about the other parent. Remember custody and visitation agreements. Demonstrating respect sets a positive example for your child and fosters a harmonious co-parenting relationship. Plan for regular communication between your child and the non-custodial parent. Consider phone calls, video chats, or updates based on your child’s age and preferences. By planning, considering the child’s needs, and respecting boundaries, co-parents can ensure a smooth and enjoyable vacation for their children.

Allocation of Parental Responsibilities

If you have followed the tips above and are having trouble reaching a civil agreement regarding parenting time, the Allocation of Parental Responsibilities can help. In Illinois, there are three primary types of child allocation of parental responsibilities: joint allocation, sole allocation, and shared allocation.

Joint allocation of parental responsibilities requires parents to collaborate on decision-making regarding their child’s education, healthcare, religious instruction, and other essential matters. The parents will agree, or the court will assign a residential parent. The non-residential parent will provide child support and have designated parenting time, as determined by a parenting time agreement or court order.

Sole allocation of parental responsibilities refers to an arrangement where one parent assumes full responsibility for making decisions concerning the child’s well-being. However, it doesn’t imply that the other parent is wholly excluded from the child’s life.

Shared allocation of parental responsibilities is a variation of joint allocation. It is suitable when the child spends equal time with both parents. The parents live in the same school district and can co-parent effectively. Working with an established family law attorney can ultimately help you reach an agreement.

How Masters Law Group Can Help

Masters Law Group focuses on helping clients assert their rights to further the best interests of their children. Attorney Erin E. Masters is a court-appointed Child Representative with experience advocating for children in these high-conflict matters. Attorney Anthony G. Joseph is an approved Guardian Ad Litem/Child Representatives list for the Domestic Relations Division of the Circuit Court of Cook County.

With a strong focus in assisting clients in Chicago’s Western Suburbs (Elmhurst, Hinsdale, DuPage, Oakbrook) we offer various services to help parents, children, and families through difficult times like Divorce, Parenting Time, and Allocation of Parental Responsibilities.

If you require legal assistance, contact a member of our legal team today. Our attorneys will work with you to develop an appropriate action plan for your unique needs and goals. We will work diligently on your behalf and provide regular updates. Contact us today to set up a complimentary consultation.

Navigating International Divorce

International divorce has become prevalent in our ever-connected world. Unraveling the intricate divorce web when it spans borders can be an emotional rollercoaster. If you are facing separation while living overseas, here’s what you need to know. 

The Hague Convention on Private International Law provides a comprehensive framework designed to tackle the legal complexities of these cases. 

Understanding the Hague Convention

The Hague Convention on the Recognition of Divorces and Legal Separations, commonly known as the Hague Divorce Convention, is an international treaty that establishes a legal framework for recognizing divorces and separations across different countries. The Convention was signed on June 1, 1970. Its main objective is to provide clarity in resolving conflicts of law and jurisdictional matters in international divorce cases.

The law is fundamental as the legal systems for divorce or separation can vary. The Hague Divorce Convention applies when a couple from different countries ends their marriage or obtains legal separation. It aims to ensure the divorce or separation is recognized and enforceable in the country where it was granted and in other countries that are party to the Convention. Let’s look at the aspects addressed by the Hague Divorce Convention in international divorce proceedings.

Jurisdiction and Applicable Law

The Convention provides rules and criteria to determine which country’s court has jurisdiction over divorce or separation. Establishing clear guidelines helps avoid conflicts and uncertainties that may arise when multiple countries could claim jurisdiction over a case—establishing a process for identifying a divorce or separation granted in one country as valid and legally effective in another country that is a party to the Convention.

This facilitates the implementation of the rights and obligations arising from the divorce or separation, such as:

  • Property Division.
  • Child Custody.
  • Spousal support across international borders.

The Hague Divorce Convention requires participating countries to establish central authorities for receiving and processing requests to recognize legal separations. These central authorities serve as contact points between individuals seeking recognition of their divorce or separation in other countries.

It’s important to note that not all countries are party to the Hague Divorce Convention. Therefore, its provisions may not apply in certain jurisdictions. Couples considering an international divorce or legal separation should consult with a divorce attorney familiar with Hague Divorce Law to understand the specific requirements and procedures applicable to their situation.

Central Authorities and Communication

Under the Hague Convention, each participating country designates a Central Authority. The Central Authorities act as intermediaries between the parties and authorities in different countries to ensure effective communication. One of the primary functions of the Central Authorities is to assist in locating parties involved in an international divorce case.

They help individuals identify and contact the appropriate authorities in the country where the divorce or legal separation was granted or is being sought. This is particularly important when one party resides in a different country—making effective communication channels between the relevant jurisdictions essential. 

Child Custody and Visitation

International divorces often involve child custody and visitation issues. The Hague Convention on the Civil Aspects of International Child Abduction can provide guidelines for resolving these issues. Its primary objective is to protect the child’s best interests and establish cooperation between countries to enforce custody orders effectively.

The Hague Convention addresses child custody and visitation disputes in international divorces. It aims to protect the child’s best interests and promote cooperation between countries to enforce custody orders effectively. The Convention establishes guidelines for resolving international child custody disputes, considering factors such as the child’s habitual residence. Participating countries cooperate to determine jurisdiction and enforce custody orders made by applicable laws.

Parents involved in international child custody disputes should seek legal advice from international family law attorneys to navigate and ensure the child’s best interests are upheld. The Hague Convention does not dictate specific custody arrangements but provides a framework for prioritizing the child’s well-being. If a parent unlawfully removes a child violating a custody order, the Convention can ask for a prompt return to the child’s habitual residence.

Challenges and Limitations

While the Hague Convention on the Recognition of Divorces and Legal Separations provides a valuable framework for resolving international divorce matters, it is essential to acknowledge it has limitations. Although the Convention has set guidelines, countries may have legal systems and cultural perspectives that can change their performance. This results in variations of how the way is implemented, leading to difficulties in these cases. These challenges can occur due to variations in convention interpretation.

Another challenge lies in differences in legal systems and procedures among participating countries. Each country may have specific laws for divorce, legal separation, and child custody. These differences can affect jurisdiction, enforcing custody orders, and ensure the child’s best interests. Seeking guidance from legal professionals in international family law is crucial to effectively navigate these challenges and provide the best possible outcome in international divorce cases.

Working With an International Divorce Attorney

When navigating an international divorce, it is highly recommended to seek the assistance of an attorney with experience handling such cases. An international divorce attorney possesses the knowledge and understanding necessary to navigate the complexities and unique challenges in cross-border divorce proceedings.

At Masters Law Group, our attorneys have experience with international divorces and are well-versed in the legal frameworks of international family law. This experience and knowledge allow them to provide valuable guidance on how these legal instruments may apply to your specific situation.

Last Thoughts

International divorce cases can be intricate, involving a comprehensive understanding of the legal framework and potential hurdles. By familiarizing yourself with the Convention and seeking legal advice, you can navigate international divorce with confidence and clarity. At Masters Law Group, we are here to assist you. Take the first step towards resolving your international divorce by scheduling your complimentary consultation with us today.

 

Check out our recent Hague Convention Cases here:

Featured Hague Decisions:

The Ultimate Guide to Understanding Hague Convention Law

International parental child abduction cases are fraught with complexity and emotional turmoil, presenting significant challenges for the families involved. The Hague Convention is a multilateral treaty that provides an expeditious method to return a child internationally abducted by a parent from one member country to another.

The Hague Convention is a treaty that many countries, including the United States, have joined.

The purposes of the Convention are to protect children from the harmful effects of international abduction by a parent by encouraging the prompt return of abducted children to their country of habitual residence and to organize or secure the effective rights of access to a child. The idea is that custody and visitation matters should generally be decided by the proper court in the country of the child’s habitual residence.

Here, we will delve into the fundamental aspects of the Hague Convention Law and the safeguards it provides for families.

Understanding the Hague Convention

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.

What kinds of cases fall under the Hague Abduction Convention?

Filing a case under the Convention does not guarantee that your child will be returned. To obtain the return of your child through a Hague proceeding, you must first be able to demonstrate:

  • That your child was habitually resident in one Convention country, and was wrongfully removed to or retained in another Convention country;
  • The removal or retention of your child is considered wrongful if it was in violation of your custodial rights, and you were exercising those rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
  • The Convention must have been in force between the two countries when the wrongful removal or retention occurred (the dates are different for every country); (Note: In many  instances, when a country accedes to the Convention, it is not automatically partners with all of the other countries who have ratified or acceded to the Convention.  Countries must accept another county’s accession to the Convention under the terms described in the Convention before a treaty partnership is created.
  • The child is under the age of 16.

By comprehending the various aspects of the Hague Convention, we can gain a deeper understanding of its significance and impact. Let’s delve into the different components of this essential international framework.

The Role of Central Authority

Each signatory country designates a Central Authority as a point of contact for international child abduction cases. The Central Authority is crucial in facilitating communication and cooperation between countries involved in resolving these cases. 

  • Communication: The Central Authority is a liaison between the left-behind parent and the foreign country where the child has been wrongfully removed or retained. They work closely with other countries to exchange information, coordinate legal proceedings, and ensure effective communication.
  • Receiving and Processing Applications: When a parent seeks the return of their child under the Hague Convention, they apply to their home country’s Central Authority. The Central Authority receives and processes these applications, verifying their completeness and compliance with the requirements of the Convention.
  • Initiating Legal Proceedings: Once the Central Authority receives a complete application, they initiate legal proceedings in the foreign country where the child is located. They work with the Central Authority of the foreign country to provide documentation to support the case for the child’s return.
  • Information and Guidance: The Central Authority helps parents through legal procedures and obligations under the Hague Convention, ensuring that parents are well-informed throughout the process.
  • International Cooperation: Central Authorities also engage in international cooperation to enhance the effectiveness of the Hague Convention. They participate in conferences, meetings, and training programs to exchange knowledge, share best practices, and strengthen the global network of Central Authorities.

Remember that the specific functions and procedures of the Central Authority may vary slightly between countries. To obtain accurate and country-specific information, it is essential to consult with your country’s Central Authority or a qualified attorney with experience in international child abduction cases.

The Return Process

The Hague Convention Law operates on several fundamental principles, prioritizing the child’s best interests throughout the decision-making process. The law emphasizes the importance of maintaining the child’s connection with both parents–unless it is not in the child’s best interests. In cases where a child has been wrongfully taken or retained in a foreign country, the Hague Law has a process for their return. The left-behind parent can apply with their Central Authority country, which will initiate legal proceedings in the country where the child is located.

While the Hague Law strongly advocates for the return of children, the abducting parent may raise defenses and exceptions. These situations can affect the child’s safety, significant psychological risks, or objection to being returned. The ultimate goal is ensuring the child’s safe return to their residence.

LEGAL ASSISTANCE AND REPRESENTATION

Parents involved in international child abduction cases should seek the assistance of an attorney experienced in the Hague Convention. These attorneys possess the necessary knowledge and experience to guide parents through the legal process and protect their rights. If you have concerns about the potential abduction of your child, it is crucial to take proactive measures to safeguard their well-being. An experienced Hague Convention lawyer can help. Your attorney may recommend several preventative measures, such as:

  1. Obtaining a custody order or parenting plan that clearly outlines each parent’s rights and responsibilities, including travel restrictions.
  2. Adding your child’s name to a watchlist to prevent unauthorized removal from the country.
  3. Obtaining a court order requires surrendering your child’s passport or imposing restrictions on international travel.
  4. Collaborating with your child’s school or daycare to establish security measures and emergency protocols.

If you have concerns about parental child abduction, promptly contacting your family law attorney is crucial. They will discuss your options with you and assist in developing a plan that prioritizes your child’s safety.

Final Thoughts

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. With our firm’s vast experience, you can trust that we will tirelessly advocate on your behalf, working diligently to achieve the best possible outcome for you and your child/children.

To showcase our competence, here are some important recent Hague decisions we have successfully handled:

If you or a loved one is facing the distressing possibility of international parental child abduction, please don’t hesitate to contact us.

Take the first step by scheduling your complimentary consultation with us today.

 

The Pros and Cons of Civil Unions

Welcome to Pride Month! Civil unions have gained significant attention as an alternative to traditional marriage. As we celebrate Pride Month, we must recognize civil unions’ role in providing legal protection for same-sex couples.

June pays tribute to the historic events of the 1969 Stonewall uprising in New York City. Courageous LGBTQ+ individuals took a stand against police brutality and discrimination, demanding justice and equal treatment for all. Pride Month showcases the progress made since Stonewall and the progress we must continue to make to secure equal rights for the LGBTQ+ community.

Despite the strides made, discrimination and violence against the LGBTQ+ community still persist. Marriage equality, in particular, remains a pressing issue at the forefront of Pride discussions. In this blog, we will examine the pros and cons of civil unions in Illinois, shedding light on their impact on individuals and society. Here’s what you should know.

Understanding Civil Unions

Before we delve deeper into the pros and cons of civil unions, it’s crucial to understand what they are. Civil unions offer a legally recognized relationship for consenting adults– regardless of sexual orientation or gender. Illinois became the first state to legalize civil unions on June 1, 2011. 

Contrary to a common misconception, civil unions are not exclusive to same-sex couples. Both same-sex and opposite-sex couples in committed relationships can enter into a civil partnership in Illinois. Partners who choose to enter into a civil union in Illinois are entitled to the same legal obligations, protections, and benefits that state law provides to married spouses. This includes matters such as:

  • Property rights
  • Healthcare decisions
  • Inheritance rights
  • Access to family-related legal protections. 

Civil unions ensure that couples, regardless of gender or sexual orientation, receive equal treatment and recognition under state law. However, it is essential to know that civil unions entered into Illinois do not carry credit under federal regulations. This means that partners in a civil union are granted limited access to the extensive obligations, protections, and benefits federal law provides to married spouses. Such federal benefits include filing joint tax returns, immigration, and social security benefits.

Understanding the distinction between state and federal recognition is vital for couples considering a civil union in Illinois. While civil unions afford important legal protections at the state level, they may need national recognition and the accompanying benefits and responsibilities. By comprehending the scope and limitations, individuals can make informed decisions about their legal relationships. It’s always best practice to seek legal advice to fully understand the implications and potential consequences. Let’s look at the pros and cons of civil unions in Illinois.

Pros of Civil Unions in Illinois

Legal Recognition and Protection

One of the most significant advantages of civil unions is the legal recognition they offer to couples. This legal recognition helps to ensure equality and fairness for all teams, regardless of their sexual orientation. In Illinois, civil unions provide couples with a wide array of rights and protections, including hospital visitation rights, inheritance rights, access to health insurance coverage, and the ability to make medical decisions for one’s partner. 

Financial Benefits

Civil unions grant couples in Illinois the same state-level benefits and responsibilities as married couples. This includes tax benefits, sharing health insurance policies, and eligibility for spousal benefits, such as Social Security survivor benefits. These financial advantages can significantly impact the lives of couples, providing them with economic security and stability.

Parental Rights

Civil unions also offer crucial parental rights to same-sex couples in Illinois. Through a civil union, both partners can be recognized as legal parents to any children born or adopted during the union. This ensures both parents have equal rights and responsibilities in raising their children, providing a more secure and stable family environment.

Cons of Civil Unions in Illinois:

Limited Federal Recognition

While civil unions provide legal recognition at the state level, they are not recognized federally. This means that couples in civil unions may not be entitled to certain federal benefits and protections that married couples enjoy, such as access to federal tax benefits and immigration benefits. This lack of national recognition can create disparities and challenges for couples, especially regarding immigration and federal taxes.

Social Stigma and Perception

Despite the progress in achieving legal recognition, civil unions may still face social stigma and discrimination. Some individuals and institutions may need to fully recognize or respect civil unions, leading to challenges such as employment benefits, housing, and public perception. While societal attitudes are evolving, it is essential to acknowledge that prejudice and discrimination can persist, affecting couples’ everyday lives in civil unions.

Varying Legal Protections

Although civil unions provide significant legal protections in Illinois, they may not be as comprehensive as those offered through marriage. The nuances and variations in legal recognition across different jurisdictions can create uncertainty and potential limitations for couples in civil unions, particularly if they move or travel outside the state. The lack of uniformity can lead to complications when dealing with legal matters in different contexts.

Working With A Civil Union Attorney

Establishing or dissolving a civil union can create unique challenges and legal complexities. That’s why having a knowledgeable and experienced lawyer ensures your rights and interests are protected at every step. At Masters Law Group, our attorneys have extensive experience providing professional legal representation for civil unions. Recognizing the significance of civil unions in contemporary society, we have dedicated substantial time and resources to staying informed and up-to-date in this evolving area of family law.

Whether you seek to form a civil union or find yourself in a situation where a civil union dissolution is necessary, our team is here to support you. We understand that each client’s circumstances are unique, and we take the time to listen attentively, understanding your situation comprehensively. If you require legal assistance related to civil unions, we are here to help. Discover how our personalized approach can guide you toward a successful outcome.

Community Resources

Chicago, Illinois, boasts a vibrant LGBTQ+ community with numerous resources dedicated to supporting individuals in civil unions. The Center on Halsted a comprehensive LGBTQ+ community center offering various services, including legal clinics, counseling, and support groups.

The Howard Brown Health Center also provides LGBTQ+-affirming healthcare services, including primary care, mental health services, and specialized programs for transgender and non-binary individuals. The Illinois Safe Schools Alliance focuses on creating safe and inclusive environments for LGBTQ+ youth in schools through advocacy and education. These organizations and many others in Chicago are vital in providing support, resources, and community connections for individuals in civil unions.

Final Thoughts

Civil unions in Illinois have played a vital role in providing legal recognition, rights, and protections to couples, regardless of their sexual orientation. They offer a pathway to formalize relationships and establish legal rights and responsibilities. Understanding these pros and cons is essential in fostering a more inclusive and equitable society that recognizes and supports all types of relationships.

At Masters Law Group, we are committed to providing exceptional, individualized services to clients in civil union matters. Whether you want to form a civil union or need a civil union dissolution, we will take the time to fully understand your situation and provide honest advice regarding your options. Contact us here today to schedule a consultation.

Wishing everyone a happy Pride Month from the entire team at Masters Law Group!

Civil Union Dissolutions and Mediation

Partners who want to take their relationship to the next level, both ceremoniously and legally, generally have two options: they can be united in marriage or a civil union. In Illinois, dissolving a civil union is almost the same as dissolving a marriage. Here’s what you need to know.

No one sets out to spend their lives together anticipating separating down the line. Just because you CAN have a Civil Union in Illinois, it doesn’t mean you have to stick it out should you be unhappy.

As you traverse the labyrinth of life, you may find yourself entwined in the complex legal maze of civil union dissolutions. It’s a challenging path to tread, one rife with emotional turmoil and legal intricacies. As seasoned divorce attorneys at Masters Law Group, we are equipped with the expertise to guide you through this intricate process, specifically focusing on mediation as a dispute resolution technique.

If you and your partner aren’t sure which may be right for you, it’ll be helpful to learn about the similarities and differences between civil unions and marriages to make an informed decision. Read on to learn more.

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. If you have entered a civil union with your partner but have decided to move on, you will need a Civil Union Dissolution.

Civil Union Dissolutions

If things didn’t turn out the fairytale you had imagined, you’re not alone. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

In Illinois, a party to a civil union may petition the Court to dissolve the civil union just as with Dissolution of Marriage. You must draft a Petition to Dissolve a Civil Union alleging similar facts as in a Petition for Dissolution of Marriage, and follow similar procedures as set forth above.

You should also consult with a family divorce lawyer who is highly experienced in Civil Union Law.

Mediation: A Beacon of Resolution

In this intricate landscape, mediation emerges as a beacon, offering a softer, more collaborative approach to dispute resolution. Instead of a contentious courtroom battle, you are guided towards mutually beneficial solutions under the oversight of a neutral third party, the mediator. This approach fosters communication, reduces conflict, and places you and your partner at the helm of decision-making.

The Advantages of Mediation

Mediation in civil union dissolution offers numerous advantages. The process is often less costly and quicker than traditional court litigation. It’s confidential, providing a private arena for you to voice concerns and negotiate terms without public scrutiny. Furthermore, it allows for a greater degree of control over the outcome, as you and your partner make the decisions rather than leaving them in the hands of a judge.

How Masters Law Group Can Assist

At Masters Law Group, we stand by your side as trusted advisors and advocates throughout the dissolution process.

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.

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.

Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. If you are looking to settle your family law matter without court intervention, contact Masters Law Group to schedule a mediation appointment.

We will guide you through the mediation process, ensuring your interests are represented, and help you navigate complex negotiations concerning asset division, financial obligations, and child-related matters. Our aim is to facilitate a smooth transition, minimizing conflict and promoting a resolution that respects the interests of all parties involved.

Conclusion

Civil union dissolutions can seem like a daunting legal labyrinth, but they can become more manageable with expert guidance and a focus on mediation. At Masters Law Group, we are committed to providing compassionate, professional assistance to help you navigate these complexities. We believe in empowering you to make informed decisions and strive for an outcome that supports your best interests and those of your family.

Remember, as you go down this challenging path, you are not alone. With a strong legal advocate at your side, you can successfully navigate the complexities of civil union dissolution and mediation.

Schedule a Consultation today to learn more about how we can assist as your Civil Union Dissolution and Mediation attorneys.

The Role of Mediation in Resolving Family Law Disputes

Family law disputes can be emotionally and financially taxing for all involved parties. Fortunately, mediation can help.

Divorce Mediation is a peace-making practice dedicated entirely to couples committed to approaching the end of a marriage with honesty, integrity, and reason.

The aim is for divorcing spouses to reach constructive divorce settlements by avoiding litigation’s emotional and financial toll and without court intervention.

In this blog, we will explore the role of mediation in resolving family law disputes. Here’s what you need to know.

What is Mediation?

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 the parties 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 to identify and address their concerns. Once an agreement is reached, the mediator will draft a written contract that both parties can sign.

In some cases, mediation may not be successful. However, even in these situations, the parties may better understand each other’s positions and concerns, making future negotiations more straightforward. Let’s take a look at some of the benefits of mediation.

1. Cost Savings

The rising costs of divorce have made it increasingly difficult for couples to pursue traditional litigation. However, mediation offers a more cost-effective alternative to conventional litigation, allowing parties to save on legal fees and avoid the costs of lengthy court battles.

According to data from the Bureau of Labor Statistics, the cost of legal services increased by 4.9% in March 2023 compared to the same period last year. With inflation rates remaining high, the cost of divorce will likely continue to rise, making mediation an attractive option for those seeking a more affordable way to resolve family law disputes.

2. Flexibility

When parties opt for traditional litigation in family law disputes, they are at the mercy of the court’s calendar. A judge has multiple cases on their docket and will determine the day and time of an appearance. Because of this, it could result in a delay of weeks or even months. Mediation, on the other hand, allows the parties and counsel to weigh in on scheduling and how the case is to be heard.

In some situations, the proceeding might be a hybrid, in that some individuals appear in person and others participate remotely. This flexibility allows parties to choose a date and time that works for them and participate in the mediation process most conveniently.

Additionally, parties can work with a mediator outside the court’s calendar since mediation is voluntary. This can result in a faster resolution and a more positive experience.

3. Time Savings and Continuity 

Family law cases that go to trial involve major disputes over finances and children and can take time to resolve, prolonging one of the most painful events in a person’s life. The impact of such a trial can be significant, affecting finances, job performance, mental health, and overall well-being.

In contrast, mediation offers a streamlined and efficient process for resolving family law disputes. Mediation minimizes time away from work, children, and other essential aspects of life. Parties can work together to schedule mediation sessions at times that suit their work and family obligations.

Once the mediator establishes rapport with the parties, it is essential to maintain a productive conversation. Agreement on more minor issues can lead to the resolution of larger ones. This incremental approach helps to build trust between the parties and encourages them to find common ground.

4. Privacy

Divorce is one of the most stressful life events, and finding ways to lessen the impact of this stress on the family is crucial. Divorce proceedings can bring additional scrutiny and enhance the anxiety associated with the experience. Courtrooms are open, as they should be, but this can add to the stress of the situation.

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 and comfortable environment without the added pressure of a public courtroom setting.

The confidentiality of the mediation process can also be beneficial for families. Mediation 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.

5. Long-Term Results

Mediation can provide long-term benefits for parties involved in family law disputes. One of the key advantages of mediation is that it allows parties to reach a resolution tailored to their unique needs and circumstances.

Choosing mediation can result in a more sustainable agreement that is less likely to result in future conflicts. In addition, mediation encourages parties to communicate openly and work together to find common ground, which can improve their relationship and pave the way for better co-parenting and co-existence in the future.

Finally, mediation is less adversarial than traditional litigation. It can help minimize the adverse emotional and psychological effects of divorce and other family law disputes, which can have long-term benefits for all involved.

Final Thoughts

Serving clients in Cook County and DuPage County Illinois, at Masters Law Group, our experienced attorneys understand that divorce is a stressful situation for everyone involved. As such, 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.

No one should go through a family law case alone. Contact us here today to schedule a consultation.

The Hague Convention and National Missing Children’s Day: A Call to Action

May 25 is National Missing Children’s Day, dedicated to raising awareness of child safety and preventing child abductions; Including International Parental Child Abduction. 

As parents, guardians, and concerned individuals, it is crucial to prioritize the safety and well-being of children.

Unfortunately, parental child abductions still occur, and one of the most painful scenarios is international parental child abduction. It can be a frightening experience for both the child and the left-behind parent. In this blog, we will discuss what you need to know if you face this alarming situation. Here’s what you need to know.

NATIONAL MISSING CHILDREN’S DAY

Every year, the Department of Justice commemorates Missing Children’s Day by honoring the heroic and exemplary efforts of agencies, organizations, and individuals to protect children. President Ronald Regan proclaimed National Missing Children’s Day on May 25, 1983. The day honors Etan Patz, a 6-year-old boy who disappeared in New York City on May 25, 1979.

UNDERSTANDING THE HAGUE CONVENTION

The Hague Convention on the Civil Aspects of International Child Abduction is the leading 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.

Click here to see the participating countries of the treaty.  Generally, the Hague Convention mandates that a child abducted in violation of the other parent’s “rights of custody” must be returned to the child’s country of habitual residence unless particular exceptions/defenses apply.

The Hague Convention also deals with issues of international child access. When a parent or guardian lives in a different country to the home country of their child, it may be hard to work out access to them. In 1994, the United States became a signatory to the Convention, which officially went into effect for the U.S. on April 1, 2008.

BECOME AWARE OF Parental CHILD ABDUCTION

Raising awareness is crucial in preventing the devastating effects of parental child abduction. Family members can often be the perpetrators, as they may believe they know what is best for the child. Young children are particularly vulnerable targets as they may not know how to seek help or alert others if their parent takes them.

It is essential to be mindful of warning signs and factors that may increase the likelihood of parental child abduction. Some of these include:

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

Some additional steps to lower the risk of parental abduction or increase your odds of 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).

HOW TO KEEP CHILDREN SAFE

There are several steps we can take to help keep our children safe. Having a solid custody (now called “Parental Responsibilities“) and visitation plan in place is also essential. If a custody or visitation issue arises, it’s crucial to report it to the appropriate authorities right away, such as state or local law enforcement or a state judicial officer. This can help establish accountability and speed up the case.

Along with the Department of State’s Office of Children’s Issues, the National Center for Missing and Exploited Children (NCMEC) can also be contacted at 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 to help them reunite with a child in another country. By taking these steps and working together, we can help ensure the safety and well-being of all children.

Finally, hiring a knowledgeable attorney highly experienced in Hague Convention cases can be invaluable.

How Masters Law Group Can Help

International custody disputes are almost always extremely complex and delicate situations, and you should not attempt to navigate them without the assistance of a knowledgeable and experienced attorney.  Serving clients in Cook County and DuPage County Illinois, 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.

FINAL THOUGHTS

National Missing Children’s Day reminds us of our ongoing efforts to reunite missing children with their families. One significant step towards this goal is for the U.S. and other countries to participate in the Hague Convention, which enables the negotiation of treaties to streamline international justice.

When dealing with international child custody/abduction cases, it’s essential to have the support of a knowledgeable family law attorney who understands the intricacies of the international legal system. With our guidance, you can navigate the complex legal processes involved in The Hague Convention and work toward a fast resolution, prioritizing the child’s well-being.

For more information on our featured Hague decisions, see here:

Contact us here today to learn more.

Mastering Hague Law With Masters

The Hague Convention protects children from international parental abduction and returns them to their home country residence. It can also include child custody conflicts when a parent or guardian resides in a different country to the home country of the child.

Going through a divorce is never easy, especially when children are involved. However, things can get even more complicated when one parent tries to take the children across international borders. Parents are often left in a legal quagmire with high stakes and convoluted laws in these cases. But you don’t have to face it alone. The Hague Convention on Civil Aspects of International Child Abduction helps navigate these complex custody cases.

In this blog, we will delve into the details of The Hague Convention and how Masters Law Group can assist. Keep reading to discover everything you need about this crucial legal resource.

Understanding The Hague Convention on Civil Aspects of International Child Abduction

The International Child Abduction Remedies Act (ICARA) rules how U.S. courts implement the Hague Convention. The Convention applies in cases where a child has been wrongfully removed from their habitual residence without parental consent. Hague Law establishes a Central Authority in each partner country to act as a point of contact for parents and children in international child custody cases. The Central Authority helps with the following:

  • Be the point of contact for parents and children in international child custody cases.
  • Help locate abducted children.
  • Encourage solutions that work for both parents.
  • Submit documents as part of the application are admissible in courts in partner countries.

Understanding how the Hague framework operates is crucial; let’s dive into who the Hague Convention applies to.

What Countries Are a Part of  The Hague Convention?

It’s important to note that the Hague Convention on Civil Aspects of International Child Abduction applies only to countries that have signed and ratified it. As of 2023, there are currently 91 signatory countries, but it’s essential to consult with a Hague lawyer to determine whether the Convention applies to your case.

For a full list of participating treaties, click here. 

Additionally, the Hague Convention only applies to children under the age of 16. Some signatory countries may have different age limits or apply the Convention to older children. It’s crucial to understand that the Hague Convention’s primary goal is to promote the return of wrongfully removed children to their country of habitual residence. To navigate complex legal proceedings in the country where your child habitually resides, seeking guidance from a Hague lawyer is highly recommended.

Hiring A Hague Lawyer

Attorneys experienced in The Hague Convention are crucial when it comes to navigating international child abduction. If you are concerned that your child may be at risk of abduction, it’s essential to take proactive measures to protect them. An experienced Hague Convention lawyer can help you assess the risk of abduction and develop a plan to safeguard your child’s well-being.

Some preventative measures that your attorney may recommend include:

  • Obtaining a custody order or parenting plan that specifies each parent’s rights and responsibilities, including travel restrictions.
  • You request that your child’s name be added to a watchlist to prevent them from being removed from the country without your consent.
  • Obtain a court order that requires surrendering your child’s passport or restricts international travel.
  • Establish security measures and emergency protocols by working with your child’s school or daycare.

If you are concerned about the possibility of parental child abduction, contact your family law attorney immediately to discuss your options and develop a plan that will help ensure your child’s safety.

Working With Masters Law Group

At Masters Law Group, our knowledgeable Hague lawyers are here to help you navigate the complex legal proceedings related to international child abduction, including coordinating with the Central Authority and representing you in court. Serving clients in Cook County and DuPage County Illinois, we can assist you in determining whether the Convention applies to your case – and how – based on the laws of the country where your child resides.

Our award-winning attorneys, Erin E. Masters and Anthony G. Joseph, have vast experience in international family law. You can rest assured we will work aggressively to advocate on your behalf.

As a testament to our experience, see some of our recent Hague decisions here:

If you or a loved one is facing the possibility of international parental child abduction, don’t hesitate to reach out to us. We are here to help you protect yourself and your children.

Schedule your complimentary consultation here today.

How Does the Hague Convention Apply to a Child Custody Case?

Child custody (Parental Responsibilities) disputes can be emotionally draining, but when the involved parents reside in different countries, the situation becomes even more complex. That’s where the Hague Convention on the Civil Aspects of International Child Abduction comes in. 

With the increased mobility of couples, international child custody cases are becoming more common. Whether couples decide to live abroad or receive international jobs, child custody disputes that cross international borders are on the rise. Under the Hague Convention, children who are wrongfully abducted from the country where they live must be returned to that country, so that custody disputes can be resolved there.

In this blog, we will explore the implications of international child custody cases and discuss how the Hague Convention can provide assistance in resolving disputes. Here’s what you need to know.

WHY THE HAGUE CONVENTION IS IMPORTANT

The Hague Convention on the Civil Aspects of International Child Abduction is a crucial international agreement that deals with international parental child abduction. This treaty provides a legal process that allows a parent to seek the return of their child to their home country. The Convention was developed by the Hague Conference on Private International Law (HCCH) and entered into force on December 1, 1983. 

Numerous countries worldwide have joined the treaty, which aims to prevent wrongful removal or retention of a child from their habitual residence. The Convention considers any removal or retention that breaches custody rights attributed to a person or any other body as “wrongful,” regardless of whether the parent has legal custody. In many cases, U.S. court orders may not be recognized in other countries, and sovereign nations cannot interfere with each other’s legal systems. Therefore, the Hague Convention provides an essential framework for resolving international child custody disputes.

HAGUE CONVENTION FRAMEWORK

The Hague Convention’s framework helps countries work together to find solutions for custody cases where a child is abducted, regardless of the child’s immigration status or nationality. If a child is taken from their habitual home and brought to a foreign country, it violates the parent’s custodial rights.

The Central Authority can help with the following: 

  • Serves as the main point of contact for parents and children in international child custody cases.
  • Help locate abducted children.
  • Encourage solutions that benefit both parents.
  • Submit admissible documents as part of the application in partner countries. 

A custody order is not always necessary to prove that a parent’s custodial rights were violated, as proof of parenthood or marriage can be used instead. When a child is returned to their habitual residence, it is done based on the best interests of the child, and their immigration status or nationality is not a factor. The Hague Convention provides a crucial framework for resolving international custody disputes prioritizing the child’s well-being.

CAN THE COURT DENY A RETURN?

It is important to note that under specific circumstances, the court may deny the return of a child, and these exceptions can vary from country to country. The court may deny the following: 

  • Risk to the child where they are exposed to physical or psychological harm.
  • The child objects if they are old enough.
  • More than a year has passed, and the child adapts to their new home.
  • The custodial parent agrees to let the child remain.
  • The return would violate human rights and fundamental freedoms
  • The custodial parents seeking return are not exercising rights of custody during wrongful removal. 

The Hague Convention provides various procedures for coordinating international child abduction cases. It’s important to note that the exceptions for denying the return of a child can vary from country to country.

CHALLENGES PARENTS MAY FACE

When parents are dealing with international child custody disputes, they often face a variety of hurdles they need to overcome. One of the most significant challenges is simply navigating the legal system of another country. This can involve language barriers, unfamiliar legal procedures, and cultural differences that can make 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 child custody cases can be highly stressful and emotionally taxing for parents. That’s why it’s essential to have the right support and guidance throughout the process.

GET THE HELP YOU NEED

Acting fast is crucial when facing an international child custody case, and having an attorney who can file a Hague Convention application on short notice is essential. It’s crucial to seek legal counsel with knowledge and experience in Hague proceedings to navigate these complex cases successfully.

Erin Masters and Anthony Joseph are highly experienced in cases involving international child custody disputes in the State of Illinois and the United States federal court system. They have vast experience with the Hague Convention on Civil Aspects of International Child Abduction. 

If you’re interested in learning more, see our featured Hague Decisions:

Contact us today to schedule a consultation.