MASTERS LAW GROUP CASE REVIEW: HAGUE CONVENTION ON CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: NEW ZEALAND
In one of our most recent Hague Convention cases, the attorneys at Masters Law Group succeeded in this landmark ruling in favor of our client.
The husband – represented by Masters Law Group – filed a petition for the return of his child who was taken from his residence in New Zealand to the United States by his wife – the mother of the child. As relevant here, the Hague Convention provides that a parent whose child has been wrongfully removed or retained in the United States may petition for the child’s return to his or her country of habitual residence.
CASE OVERVIEW
On June 18, 2020, Respondent and the child traveled on round-trip tickets from New Zealand to Chicago, via Los Angeles, for a one-month trip. Respondent and the child had tickets to return to New Zealand on July 17, 2020, via Los Angeles, arriving in New Zealand on July 19, 2020 via Air New Zealand. The Petitioner worried and speculated to the Respondent that she might not come back from the United States with their child, despite her denials of leaving permanently. The Respondent did not get on the flights back to New Zealand with their son.
This case arises under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction.
The Act entitles a person whose child has been removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child.
CASE RESULTS
By agreement of the parties and as required by the Convention, the Court Court concludes that the child was a habitual resident of New Zealand at the time of the wrongful retention in the United States, Petitioner had and was exercising custody rights under New Zealand law, and the “grave risk” exception was not established in this case.
Accordingly, the Court finds that the child must be returned to New Zealand, and grants the Petition for return of the child, [dkt. 1].
The Court allowed an approximate one-week time period to avoid any abrupt transition for the child.
READ THE FULL CASE REVIEW HERE.
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HAGUE CONVENTION – INTERNATIONAL CHILD ABDUCTION LAW WITH MASTERS LAW GROUP
Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system.
Erin Masters and Anthony Joseph have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.
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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.
