Tag Archive for: Family law Chicago

How is Cryptocurrency Divided in Divorce?

Cryptocurrency is an asset like any other kind of asset, and as a result, it may be considered separate property or marital property. What many people do not understand is exactly how complicated this can become. 

Cryptocurrency is a type of code or software that dictates how a unit of currency is produced and regulated.  Essentially, the creator of the cryptocurrency makes the units using an algorithm that relies on cryptography to secure the currency. The most common cryptocurrency, and the first of its kind, is Bitcoin, but there are thousands of other types that can be purchased or earned.

Despite Bitcoin and Crypto prices being extremely volatile, (the recent Crypto crash being a prime example), cryptocurrency is gaining in popularity and becoming a more and more common asset seen in divorce cases.

Crypto and Divorce Trend

Cryptocurrency has gone from an obscure hobby to a significant investment for many people across the country. As crypto assets like bitcoin rose dramatically in price, many investors became wealthy, especially those who entered the crypto market in the early days. However, cryptocurrency can also add new complications to a divorce, particularly when it comes to dividing assets between divorcing spouses.

Here’s a look at some commonly asked questions about cryptocurrency assets in a divorce.

Q: What is Cryptocurrency and is it Considered Marital Property?

A: Bitcoin is a cryptocurrency that allows secure transactions on the internet without having to go through a bank. Bitcoins can be exchanged or traded for other currency, products, or services and have increased in use since their creation in 2008. With this increase comes new challenges in a divorce when it comes to dividing up assets.

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

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

Q: Can You Lose Bitcoin in a Divorce?

A: Bitcoins are treated the same as any other asset in a divorce. If the bitcoin transaction was before the marriage, was given as a gift or through an inheritance, it is not marital property and cannot be divided. Therefore, if the transaction was during the marriage, it is marital property and can be divided.

When bitcoins are considered marital property, the easiest way to divide them is to split the determined value 50/50. Since most bitcoins can be cashed out in full, splitting the value 50/50 means each spouse would simply get half.

Another way to divide bitcoins is by negotiating other marital property in exchange. This means, if the spouse with the bitcoins wants to keep them, they can give up other marital property with the same determined value to the other spouse.

Q: Can Cryptocurrency Be Used to Hide Assets During Divorce?

A: A misinformation gap can easily arise especially when only one partner is involved in the crypto market and the other spouse has little knowledge on the aspects of crypto investments. This gap can lead to one partner not knowing what to look for when it comes to uncovering crypto holdings in the asset division process. 

The growing awareness of cryptocurrency technology has led to more divorce attorneys thinking about how to deal with crypto as a way of hiding assets. In some cases, a spouse may suspect the other party has undisclosed crypto holdings, while in other cases, they may notice that the other spouse suddenly seems to have a source of funds that is not tied to their existing employment or investments.

There are several ways that cryptocurrency assets may be discovered. The best-known and easiest to uncover are bitcoin and ethereum. Other cryptocurrencies may offer higher levels of anonymity. Those assets are much less valuable and more volatile than the better-known digital currencies. A forensic expert typically brought in by the parties, may search for cryptocurrency tickers, login credentials for exchanges, or keys for certain types of digital wallets.

Bank statements, credit card statements, and other financial documents may indicate transactions for crypto purchases from various exchanges.

Final Thoughts

During a marriage, it’s important for both partners to have an understanding of their marital income, and investments. With greater knowledge about finances shared between spouses, it can be far more difficult for one person to hide assets during a divorce. 

If you are concerned about how your or your spouse’s cryptocurrency assets could affect your divorce or the asset division process, Masters Law Group can help. Our team of highly trained and experienced family law attorneys are here to answer your questions about divorce and digital asset division.

Contact us today for more information, or to schedule a consultation.

 

Hague Convention – International Child Abduction Questions and Answers

What is the Hague Convention? Can I protect my child from Parental Child Abduction? What should I do if my child is taken across state or international borders? Find all the answers to these time-sensitive, high-stakes questions here. 

The Hague Convention is a treaty that many countries, including the United States, have joined. Its purpose is to protect children from the harmful effects of international abduction by a parent.

While there is a lot of information out there about the Hague Convention, we decided to make a list of the most frequently asked questions. Here’s what you need to know if you are facing the frightening situation of International Child Abduction.

What is the Hague Convention?

The Hague Convention on Civil Aspects of International Child Abduction 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.

This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983. These participating countries are also included in a large treaty that governs the way different 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 ensure that 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.

The overall purpose of the Convention is to protect children from the harmful effects of international abduction by a parent by encouraging the speedy return of an abducted child to their country of habitual residence. As well as to organize and secure the effective rights of access to a child.

What Countries does the Hague Convention include? 

Listed below are the countries that are participants of the Hague Convention in force with the United States of America. The official list and dates the treaties signed can be found here.

Andorra Lithuania
Argentina Luxembourg
Armenia Macedonia, Republic of
Australia Malta
Austria Mauritius
Bahamas, The Mexico
Belgium Monaco
Belize Montenegro
Bosnia and Herzegovina Morocco
Brazil Netherlands
Bulgaria New Zealand
Burkina Faso Norway
Canada Pakistan
Chile Panama
China (Hong Kong and Macau only) Paraguay
Colombia Peru
Costa Rica Poland
Croatia Portugal
Cyprus Korea, Republic of
Czech Republic Romania
Denmark Saint Kitts and Nevis
Dominican Republic San Marino
Ecuador Serbia
El Salvador Singapore
Estonia Slovakia
Fiji Slovenia
Finland South Africa
France Spain
Germany Sri Lanka
Greece Sweden
Guatemala Switzerland
Honduras Thailand
Hungary Trinidad and Tobago
Iceland Turkey
Ireland Ukraine
Israel United Kingdom (Anguilla, Bermuda, Cayman Islands, Falkland Islands, Isle of Man, Montserrat)
Italy Uruguay
Jamaica Venezuela
Japan Zimbabwe
Latvia

My Ex wants to move out of state with our child. What can I do?

First off, it’s important to note that your options will depend on a number of different factors, and we want to provide you with some general information below. If your former spouse makes the decision that they want to move out of state with your child, they must first notify you of the move. 

The notice they give you must state the date they intend to move, the address of their new home, and how long they intend to remain in the new location. They must deliver the notice to you at least 60 days before they move unless they have a court order that specifies different instructions.

You can sign the notice if you approve of the move and your former spouse will then file the notice with the court. Of course, you do not have to consent to the move. If your spouse moves out of state with the child without your consent, or without sending you notice, it is considered parental kidnapping or child abduction.

If you don’t consent to the move with your child, your ex has two options. They can either agree not to move out of state with the child, or they can petition the court to overrule you and allow the move. If your ex petitions the court and asks them to allow the move, you and your former spouse must attend a court hearing. During the hearing, a family law judge will take many factors into consideration and then deliver their decision.

Like when making child custody decisions, the judge will take many factors into consideration. All of the factors are guided by what is in the best interests of the child. However, if your ex wants to move for a better-paying job that would allow them to better care for the child, the judge may consider the move in the best interests of the child.

What are the defenses to a petition for the return of my child?

There are a few defenses to a claim of wrongful removal or retention under the Hague Convention, which include:

Defense 1: That the petitioner (parent seeking the return of the child) was not “actually exercising custody rights at the time of the removal or retention” under Article 13.

Defense 2: That the petitioner “had consented to or acquiesced in the removal or retention” under Article 13.

Defense 3: That more than one year passed from the time of the wrongful removal or retention until the date the petitioner commenced a judicial or administrative proceeding for the return of the child, under Article 12.

Defense 4: That the child is old enough and has a sufficient degree of maturity to knowingly object to being returned to the petitioner and that it is appropriate to heed that objection, under Article 13.

Defense 5: That “there is 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,” under Article 13(b), and

Defense 6: That return of the child would subject the child to violation of basic human rights and fundamental freedoms, under Article 20.

If your child has been wrongfully removed to a country overseas, you should immediately contact your local family law attorney that is experienced in international custody disputes for help.

How do I initiate the process of International Parental Child Abduction?

Deciding whether to file a Hague application is an important decision and must be considered based on each case’s specific circumstances. Perhaps after separating from their partner, a parent wants to take their child and move to another country. Maybe a parent moved internationally in violation of a custody agreement.

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 country’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.

How do I find a reputable parental child abduction attorney?

To make sure you have the best possible chance in your Hague Convention case, you need an attorney who understands both the severe circumstances and the delicate interplay of state, federal, and international laws.

Accredited family law attorneys Erin Masters and Anthony Joseph of Masters Law Group have extensive experience in cases involving international child abduction disputes in both courts located in the State of Illinois and the United States federal court system.

Masters Law Group Featured Hague Decisions:

If your former spouse wants to move out of state or cross international borders with your child against your consent, or they already have, our skilled and experienced team can help. At Masters Law Group, we know the requirements parents must abide by when they want to move, and we know how to challenge the move so you do not lose out on time with your child.

Contact us today to schedule a free consultation so we can discuss your case immediately.

 

Finding the Right Chicago Divorce Attorney

The selection of your Chicago Divorce Attorney will likely be one of the most important factors in the outcome of your divorce. With such a massive pool of lawyers to choose from in the city of Chicago, making this decision could be extremely difficult. It will take research and time, but the choice of your legal representation should not be taken lightly.

Anyone seeking a divorce lawyer needs to ensure that their best interests will be kept at the forefront of the settlement negotiations. Here are a few things to look for when beginning your search for a divorce attorney in Chicago.

Setting Real Expectations & Goals

Before finalizing your choice of a divorce attorney in the city of Chicago, you must first determine what type of divorce process suits your needs, goal, and situation. There are seven types that you can choose from:

  • Contested Divorce
  • Uncontested Divorce
  • At-Fault Divorce
  • No-Fault Divorce
  • Summary Divorce
  • Limited Divorce
  • Default Divorce

It’s important to understand that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. That being said, it’s important to do your due diligence and find a lawyer you trust. Allow yourself to have several options by making a list of lawyers you think can provide the kind of legal service you need. It’s easy for most people to use the first lawyer they find. 

Your divorce attorney’s job is to represent you to the best of their ability in this process. You might want to consider working with a family law attorney, especially if you want a lawyer who can represent you later on if the divorce settlement is not followed. Attorneys specializing in family law are generally more experienced in divorce law than those who are not. The board-certified family law attorneys at Masters Law Group are educated, trained, and experienced in handling family law issues, as well as divorce cases. 

Read Reviews

Many choose to go with an attorney who has worked with someone they know and can assure you of first-rate service. This is where first hand recommendations come into play. But if you don’t know anyone currently (or previously) go through the divorce process, you should take the time to read their online reviews. 

An ideal attorney has the legal knowledge and experience you need, and will help you understand the process, and ultimately is experienced in your specific court system. Regardless of whether or not your divorce is headed to trial, your attorney should understand the fundamentals of family law in your jurisdiction so they can advise you appropriately on legal strategy. 

Choose Local

Family law attorneys who practice in your state or area should be your #1 priority. Working with a locally-based Chicago Attorney has a lot of advantages. The biggest advantage being, an attorney who’s familiar with state/county divorce laws and with legal officials and judges. 

All the tips and suggestions mentioned above should help make the process of choosing the right divorce lawyer in Chicago easier and more convenient for you. 

Qualifications and Work History

Legal matters involving your family, children, or spouse can be some of the most important and trying times of your life. Finding the right Chicago family law attorney can really make the difference in how painless the experience is. Lawyers can say they have experience in family law all they want but having the certifications with the State Bar Board of Legal Specialization is the best way to prove it.

Ms. Erin E Masters of Masters Law Group received her Juris Doctorate and Certificate in Child and Family Law from Loyola University of Chicago, School of Law, in May of 2004. She was admitted to the Illinois Bar in November 2004 and to the General Bar for the United States District Court for the Northern District of Illinois in 2005 and the United States District Court for the Eastern District of Wisconsin in 2020. Ms. Masters was admitted to the United States Supreme Court in March 2009.

In addition to representing clients, Ms. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, she has also been appointed by the Circuit Court of Cook County to mediate complex family law cases. Since 2016, Ms. Masters has been named “Rising Star” by Illinois Super Lawyers and has been named as an “Emerging Lawyer” by Leading Lawyers. In 2020, Ms. Masters was named “Super Lawyer” by Illinois Super Lawyers.

Masters Law Group’s Attorney, Mr. Joseph is an active trial lawyer whose practice focuses exclusively on Family Law, with a particular emphasis on International Child Abduction and cross-border custody issues pursuant to the Hague Convention of 1980 and the UCCJEA. Mr. Joseph also publishes in the area of civil litigation. Mr. Joseph has also served as an adjunct professor at DePaul University in Chicago, Illinois. Mr. Joseph is “AV” Preeminent Rating from Martindale-Hubbell Peer Review, which is the highest peer review rating available and has been named a “Rising Star” by Illinois Super Lawyers in both 2019, 2020 and 2021. Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

Last Thoughts

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients’ assurance and well being in mind.

Whether you are facing a contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Schedule a consultation with us today to discuss our divorce services.

 

Welcome to Our NEW Home!

Masters Law Group opens its doors at a new downtown office space. 

Masters Law Group welcomes you to their new Chicago office located in the heart of downtown Chicago: 30 North Lasalle Street, Suite 2250, Chicago IL 60602.

Senior partners Erin E. Masters and Anthony G. Joseph have taken another step in their commitment to their clients.

“Moving into a brand-new office space is an exciting occasion for all the team at Masters Law Group, and our growth will allow us to help more clients facing family law and divorce issues. The expansion represents our various successes, especially the development of thriving practice areas such as high-stake Hague Convention, International Child Abduction cases and divorce mediation cases,” says Ms. Masters, “We’re also expanding our team of first-class attorneys and support staff, and created an environment to represent our firm.”

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. Furthermore, Erin E. Masters has been approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

“We are quickly moving to meet the shifted expectations for office environments and we’re incredibly proud to welcome clients to the new and improved space.” says Mr. Joseph. He continues, “We’re excited to stay on a course that our clients can trust, while remaining focused on delivering solutions for families navigating a consistently challenging legal environment.”

Masters Law Group handles family law matters in Cook County and surrounding counties. The firm concentrates in areas of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

Ms. Masters concludes, “We invite you to schedule a consultation to speak with us about your case and look forward to inviting you to our new office location.”

Contact Masters Law Group here today. 

How to Request a Modification of Child Support in Illinois

Divorces and separations can be emotionally overwhelming. Especially when a child is involved. In Illinois, it is always possible to ask the court to change a custody order, but getting a judge to agree to make a change isn’t always a straightforward process.

There are several ways that a child custody arrangement (also known as Parenting Time) can come about in Illinois. The parents of a child can develop their own agreement and then have it approved by a court. Or, the court can order custody based on the state’s laws.

Either way, there could come a time when one or both parents wish to change the arrangement in place. Here’s a look at what constitutes a “substantial change in circumstances” that would allow an agreement to be modified.

Modifications to Child Support Orders

In Illinois, a temporary child support order that has been entered while a child support proceeding is pending may be modified any time before the entry of a final judgment. Child support that has been established by a final judgment may be modified at any time from the entry of the order until the termination of the obligor parent’s obligation to pay child support under the order.  

Although child support may be modified at any time, a “substantial change in circumstances” must be demonstrated in order for the child support obligation to be modified. If you file a petition to modify a child support order based on “substantial change in circumstances” the child support obligation in question can be modified retroactively to the filing date of the petition, but can not have an earlier effective date.

Illinois child support obligations can only be modified by filing a petition for increase or decrease in child support with the court that has jurisdiction over your case.  The petition should state the basis for the request for modification explaining the change in child support obligation that you are requesting from the court.

Because you are seeking modification of an existing order, you do not need to serve the petition by the sheriff.  You can serve notice of the petition by mail at the responding party’s last known address. Note: if the petition seeks other action by the court other than the modification of child support, such as a change in the allocation of parental time and responsibility, the petition must be served by certified mail 30 days prior to the date of the hearing.

If you are seeking child support modification after a final judgment has been entered in your case, the notice must be delivered to the responding party, as opposed to his or her attorney, because the attorney’s representation is deemed to have ended at the entry of the final order.  

You should note that you cannot use self help to modify child support in Illinois.  If the other party fails to comply with visitation rights, you are not entitled to suspend your child support payments without obtaining an order from the court. 

Child Support Payments & Appeals

If you are appealing the final order in your child support case, you are still required to pay child support according to the terms of that order while the appeal is pending. However, you can request the court that entered the order to modify your child support obligations during the appeal process based on a showing of “substantial change in circumstances.

Reasons for Modification of Child Support in Illinois

The court has discretion to modify child support obligations based on either a substantial change of circumstances, upon a showing that the modification is necessary to provide for the healthcare needs of the child, or upon a showing of a substantial deviation between the child support obligation and the guidelines set forth by the Illinois Marriage and Dissolution of Marriage Act (“the IMDMA”). 

Child support modifications can be modified without a showing of a substantial change in circumstances if the petitioner can show that the obligor’s child support obligations differ from the guidelines set forth in the IMDMA by more than 20%, but no less than $10.00 per month, unless the court that entered the existing order intentionally deviated from the amounts shown in the guidelines.  

However, this option is only available to individuals who are receiving child support enforcement services from the Illinois Department of Health and Human Services and whose child support order was entered more than 36 months prior to seeking modification.

Those who may request a review include: 

  • Non-Custodial Parent: the parent who does not live with the child(ren),
  • Custodial Parent/Caretaker: the parent/caretaker who lives with the child(ren),
  • Healthcare and Family Services, or
  • Another state’s child support agency.

Final Thoughts

It’s important to remember that all existing orders will remain in effect until a court or an administrative agency modifies the order. Your support order may be modified (increased or decreased) based on the income of the non-custodial parent and state law. Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. 

Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in Child Support modifications and  Allocation of Parental Responsibilities. If you need to request modification of parenting time in Illinois, contact us here today to schedule a consultation.

 

Can I Appeal a Family Court Judge’s Order in Illinois?

The Family Court will make decisions related to divorce, divorce mediation, civil unions, child custody, child support, orders of protection and more. But did you know if you disagree with the judge’s decision from trial, you can file an “appeal”? Here’s everything you need to know about applying for an appeal in the state of Illinois. 

Do you need help seeking an appeal from an unfavorable ruling in a divorce, child support case or other family law related matter? Judges can sometimes make an error that adversely affects the outcome of your case. In that situation, you may have a solid legal base for an appeal. An appeal is a request to have a higher court change or reverse a judgment of a lower court.

When you appeal, the entire case is reviewed by a higher court. Here are some points to note if you’re considering appealing a family court judge’s order.

Appealing a judge’s decision in family court

In some states, family court rulings can be appealed. This type of request is made to a higher court that will involve a judge, or panel of judges, to review the decision made by the lower court. This is not a rehearing, and you will not be able to present new evidence. The court of appeals’ objective is to review the trial record and determine whether or not the judge acted within their discretion. If the appeals court finds the judge acted accordingly, the decision will be upheld regardless of the appellate judges’ opinion on the matter.

In a majority of states, final orders given by the family court are the only cases that can be appealed. For example, in a divorce, a final order may include the final divorce decree, which might address asset distribution, child custody, and more. Temporary orders are pending and can only be appealed when you ask the appellate court to review them. It’s important to note that not all family law cases can be appealed. Grounds for an appeal are solely limited to:

  • Errors in law: A mistake in a court proceeding. For example: when state law requires a parent who has been convicted of domestic violence to complete counseling before being awarded visitation rights, but a judge grants visitation without any proof of counseling.
  • A mistake in fact: When a judge reached a final conclusion that no other person could have reached based upon the evidence. For example: when a parent is awarded sole custody even though they have been convicted of sexual abuse of a minor and the other parent has demonstrated to be a fit parent with no criminal record.

Appeals in Illinois

Because each state differs in law, you need to do your due diligence to ensure you follow the correct steps for the state you live in. In Illinois, a Notice of Appeal needs to be filed within 30 days of a final order, so if you don’t act quickly, you lose your right to an appeal. The appeals process can be lengthy and difficult. Should you decide to appeal your case without an attorney, you will need to follow the Rules just like those parties who have an attorney.

As of July 1, 2017, all documents filed in the Illinois Appellate Court and Illinois Supreme Court must be filed electronically (“e-filed”). If you need assistance, you may take your documents to the appellate court clerk’s office, where you can use a public terminal to e-file your documents. You can bring your documents on a flash drive or on paper. The terminal will have a scanner where you can scan, save, and then use the computer to e-file your documents.

IllinoisCourts.gov released a guide for appeals here which includes a full checklist of items to cover, along with a timeline of events in an appeal and where it is best to consult a family law attorney in this often-complex process.

Process for appealing a case

As mentioned, if you want to appeal a circuit court decision, you have 30 days after the final judgment to file a Notice of Appeal with the appellate court. This notice states what decision you are appealing and what you want to happen. Your Notice of Appeal must contain:

  • The court you are appealing to. 
  • The court you are appealing from. 
  • The name and number assigned to the case by the circuit court.
  • Who is filing the appeal (the appellant) and who will be responding to the appeal (the appellee).
  • What orders of the circuit court you are appealing from and the dates they were entered.
  • What you want the appellate court to do. For example, reverse the decision of the circuit court.

Next Steps

Each year in Illinois, thousands of families seek answers to questions regarding divorce, legal separation, allocation of parental responsibilities, support and other matters of family law. If you are thinking about appealing a decision related to divorce, child custody, child support, or another family law issue, you should really schedule a consultation with Masters Law Group immediately. 

If you or your loved ones are looking to appeal a family court judge’s order, contact the attorneys at Masters Law Group for guidance on these matters.

Learn more about the U.S. Courts of Appeals here. 

 

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.

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.

 

 

Failing to Respond to the Divorce Petition

Whatever “side” took the initiative to begin divorce proceedings, resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers. Or even completely failing to respond altogether. Read on to learn how the process works on both sides and what happens if a spouse does not respond to divorce papers. 

Making the decision to end a divorce can be difficult and can be hard to navigate since there are many steps taken in order to finalize a divorce. A divorce process begins with one spouse filing a petition with the court. In Illinois, you are required to complete a number of documents, such as the Petition for Dissolution of Marriage, Summons, and a few others, that are served to the defendant.

In some cases, an Injunction order or an Application for Temporary Matters are also served. These documents can either be served by a spouse in person to their partner, or through a process server, who is generally the county Sheriff. Here are some steps to help you navigate responding to a divorce petition.

Divorce Summons

After receiving divorce papers, you must file for appearance at the local courthouse. You can do so by visiting the clerk’s office of your county, where your spouse has filed for the Petition of Dissolution of Marriage. You will have to pay a certain fee for Appearance, showing that you acknowledge the papers and will participate in the divorce proceedings.

When a divorce petition is filed with the court, the court will issue a summons to be served with the divorce petition on the opposing party. The summons is a legal document that informs the opposing party that a divorce action has been filed. 

The service of the summons and divorce petition on the opposing party is a key step in the divorce process because it also informs the responding party of the deadline for filing an answer to the divorce petition. This deadline is very important because if the opposing party fails to answer or otherwise respond to the divorce petition, he or she may be barred from participating in the divorce process.

Failing To Respond To The Divorce Petition

The opposing party has 30 days in which to file a response to the divorce petition. The party is not required by law to file an answer or otherwise respond to the allegations contained in the divorce petition unless he or she chooses to do so. However, if the opposing party does not file an answer or other response, the court may assume that the party does not want to participate in the divorce process.

When an opposing party does not file an answer, the petitioning party files a motion for default judgment asking the court to grant him or her the relief sought in the divorce petition. If the court finds the opposing party is in default, the divorce process may continue without any further notice being provided to the defaulted party. In most cases, the court will grant the relief requested by the petitioning spouse in the divorce petition provided the relief sought is not “unconscionable.”

Do Not Ignore A Divorce Summons And Petition

The court may continue the divorce process without further notice to a defaulted party. Never ignore a summons and divorce petition. Even if you consent to the divorce and the relief sought in the petition, you still should have competent, experienced legal counsel to ensure that your rights are protected throughout the court proceedings. Things can change in a divorce proceeding very quickly and you do not want to be caught unaware or without legal representation.

It’s important to take the deadline seriously and make sure you take appropriate actions well before it so that you do not face any problems in the later stages of your divorce. You should make a decision about your legal representation, whether you are going to hire an attorney or go for a do-it-yourself divorce, within the first week. This will give you enough time to prepare and submit the required paperwork at the clerk’s office.

Final Thoughts

Ask your Family Law attorney to provide guidance for revising your financial records and assets. You may have to close joint accounts, and transfer your finances to a personal account, as well as cancel any credit cards that are in your name and your spouse has access to. If you have children, make sure you do not include them in the discord with your spouse. Resist exhibiting any behaviors that can impact the allocation of parental responsibilities, as well as parenting time in the parenting plan.

If you are considering filing for divorce, the first step you should take is to contact our office to schedule a consultation. When you need the assistance of an experienced family court attorney in the greater Chicagoland Area, call Masters Law Group. We are dedicated to providing our clients with exceptional service and support throughout the divorce process. 

Contact our office today to schedule your complimentary consultation.

 

Can Social Media Affect My Family Law Case?

Social media is a popular way to keep in touch and communicate with your loved ones, but it has also become an increasingly useful tactic to collect information for family law hearings. Sites like Facebook, Twitter, and Instagram are now being submitted as evidence in family law cases.

When you are going through a divorce, child custody, or placement battle with your ex, what you post on social media networks could come back to haunt you.

While it is not unusual for character witnesses to be called in family law cases, social sites can sometimes be used in a similar manner. Negative comments, images, offensive posts, and hostile interactions can all be submitted as evidence in custody cases. Partners can much more easily keep tabs on one another – and collect evidence against one another – by using social media.

Social Media Evidence in Hearings

Social media is affecting relationships and being used as ammunition in hearings. Lawyers can effectively use or defend against social media evidence in cases. According to the National Law Review, 

  • 81% of attorneys discover social networking evidence worth presenting in court. 
  • 66% of cases involving divorce employ Facebook as one of their principal evidence sources. 
  • 1/3 of all legal action in divorces cases is precipitated by affairs conducted online.

Not all evidence can be used in a divorce case. For example, an opposing attorney cannot open a fake account to “friend” or “connect” with their client’s spouse to obtain evidence.

Generally, public posts that can be inspected by anyone are fair game and can be submitted as evidence in court. If a “friend” or “connection” on a spouse’s social media account shares a post or text and that secondary post is seen by the spouse’s ex, that too, can typically be legally used as evidence in a divorce case.

What’s Fair Game and What’s Not

It is important to note that you should not delete items from your social media for the purpose of “hiding” bad evidence if you have a reason to believe that litigation may be coming. This may be considered spoliation of evidence. 

In most cases, a spouse’s social media posts are admissible as evidence in the U.S. as long as you don’t obtain them illegally. An example of obtaining evidence illegally would be if your estranged husband or wife created a false account with the purpose of “following” you to collect damning evidence. It’s illegal for your ex to hack your accounts to try to gain evidence.

For many, using social media is second nature. However, it is worth discussing your situation with a family law attorney to determine the best way to deal with any social media evidence that may hurt your case.

Social Media Can Affect Parental Responsibilities and Parenting Time

Divorcing parents often have disagreements about child custody and visitation which is officially called the “allocation of parental responsibilities” and “parenting time“ in Illinois. There are several ways that social media posts can influence child custody matters. 

Imagine a scenario in which a husband and wife each want to have the majority of parenting time with the children. If the wife posts pictures of herself going out to bars several nights of the week when she is allegedly caring for the children, this could call into question her desire and ability to take on a large amount of parental responsibility. 

It is important to remember that even if you have your social media account set to private, there are still many ways that your social media activity could be used against you during divorce proceedings. The best way to avoid negative consequences from social media during divorce may be to simply take a break from social media websites until the divorce is finalized.

Final Thoughts

It is important to be very cautious when using social media during divorce or other family law hearings. Masters Law Group takes social media into account when dealing with family law cases. Each case is uniquely different and the attorneys at Masters Law Group have the experience to help you during difficult times. Learn more and set up a consultation with us here today.

What Should You Include in Your Illinois Parenting Plan?

A parenting plan is a document that says who will make decisions for a child and how those decisions will be made. This often happens in a parental responsibilities case. These plans outline how you and the other parent will continue to care and provide for your children after you separate. 

It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children.

What to include in your plan:

  • Where the child lives
  • Time the child spends with each parent
  • How each parent gets information and records about the child
  • How the child is to be transported for parenting time

When filing one plan, both parents must sign the plan indicating they agree on all the terms of the document. If parents do not agree, they must file separate plans. The court will look at each detail of both plans to determine what’s in the best interest of the child or children. 

Important things to know about Parenting Plans:

  • Each parent must file a parenting plan within 120 days of asking the court for parental responsibilities;
  • If the parents agree on parental responsibilities, including parenting time, they can file one parenting plan (signed by both parents) within the 120 days. If the parents don’t agree, they must each file their own parenting plans;
  • If neither parent files a parenting plan, the court will hold a hearing to determine the child’s best interests; and
  • The court will look at the parenting plans when it decides who gets parental responsibilities.

Once both plans have been created and shared with the court to examine each parent’s responsibilities, the court can accept the plan and it becomes a Joint Parenting Order. After the Joint Parenting Order is in place, changes cannot be made to it for two years. 

If either parent does not follow the order, they are breaking the law and can be taken to court. The purpose of a court order for parental responsibilities is to protect both parents’ rights when it comes to the care and decision-making responsibilities of the child.

Allocation of Parental Responsibilities

There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to join parents.

Parenting planning of your child can be a very emotional law topic. It can become complicated and require much interaction between the parents and the court. It’s in your best interests to hire an experienced attorney if you need assistance with parental planning issues.

Hiring Legal Help

Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in child allocation of parental responsibilities.

We represent individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. If you require a review of your current parenting time schedule or parenting plan, contact us here today to schedule a consultation.