Tag Archive for: International Parental Abduction

Common Myths About International Parental Child Abduction Cases

International parental child abduction is a deeply challenging experience, often worsened by common misconceptions that delay action. At Masters Law Group, we’re here to set the record straight and help guide families through these complex cases.

In this blog, our child abduction attorneys will help debunk common myths and highlight the value of experienced legal support. Here’s what you need to know.

What is International Parental Child Abduction? International Parental Child Abduction

International parental child abduction refers to the unlawful removal or retention of a child across international borders by one parent.  Typically this happens in violation of parental responsibilities. This action often disregards legal authorizations and can directly defy a court’s orders, resulting in severe legal consequences.

This act can lead to serious legal repercussions for the abducting parent, including criminal charges, fines, and imprisonment. It’s crucial to recognize that parental child abduction is a violation of both state and federal laws in many countries. Several motivations drive a parent to abduct their child, including:

  1. Custody Disputes: A parent fearing the loss of custody may attempt to take matters into their own hands, often disregarding legal processes.
  2. Jurisdictional Advantage: Some parents believe they may obtain a more favorable legal outcome by relocating the child to another country.
  3. Cultural or Religious Factors: Personal values, traditions, or beliefs may compel a parent to move their child to a country that aligns more closely with their cultural or religious perspectives.

Myth 1: Parental Child Abduction Isn’t a Crime

One of the most prevalent myths is that parental child abduction is not considered a crime because it involves a parent taking their child. This misconception couldn’t be further from the truth. Under federal and international laws, parental child abduction is a serious offense. The International Parental Kidnapping Crime Act (IPKCA) in the United States criminalizes this act, and international treaties like the Hague Convention on the Civil Aspects of International Child Abduction are designed to help protect children from wrongful removal or retention across borders. These laws aim to help ensure the child’s best interests are upheld, regardless of the abductor’s relationship to the child.

International Parental Child AbductionMyth 2: The Hague Convention Automatically Returns the Child

The Hague Convention is a critical international treaty that seeks to address parental child abduction cases by providing a legal framework for returning abducted children to their habitual residence. However, there is no guarantee that the child will be automatically returned.

The Convention’s primary goal is to determine jurisdiction, not custody. Courts in the child’s habitual residence will decide custody matters. There are also exceptions where a return might be denied, such as if the child is at grave risk of harm or if the return violates their fundamental human rights. This makes the role of an experienced child abduction lawyer crucial in presenting a strong case under Hague Convention guidelines.

Myth 3: Once the Child is Taken Abroad, There’s No Legal Recourse

Many parents feel hopeless when their child is taken across international borders, believing they have no legal options to bring their child back. This is a dangerous myth that can lead to inaction.

The Hague Convention and other international agreements provide pathways for seeking the return of abducted children. Even in non-Hague Convention countries, legal mechanisms and diplomatic efforts can sometimes help facilitate the child’s return. Consulting with a qualified child abduction attorney who understands the intricacies of international parental abduction cases is essential for pursuing all available legal avenues.

Myth 4: Hiring a Lawyer Is Unnecessary

Some parents believe they can handle an international parental abduction case on their own, especially if they have already filed police reports or contacted authorities in the other country. Unfortunately, these efforts alone are often insufficient to navigate the complexities of international law. Experienced child abduction lawyers are valuable in these cases.

They understand the legal frameworks of the Hague Convention and other international agreements, can liaise with foreign authorities, and are skilled in gathering and presenting evidence to support your case. Without professional legal representation, you risk delays and procedural errors that could jeopardize your child’s return.

Myth 5: The Abducting Parent Always Wins

Another widespread misconception is that the parent who abducts the child has the upper hand, especially if they have already established residency in the new country. While these situations are undeniably challenging, they are not hopeless. Courts in Hague Convention countries prioritize the child’s best interests and typically aim to return the child to their habitual residence. With the right legal representation and a solid understanding of international child abduction laws, you can mount a strong case to ensure your child’s return.

Myth 6: Time Doesn’t Matter in These Cases

Many parents underestimate the importance of acting quickly in international child abduction cases. Unfortunately, delays can significantly impact the outcome of your case. Under the Hague Convention, applications for a child’s return must typically be filed within one year of the abduction. After that period, the abducting parent may argue that the child has settled into their new environment. Prompt action is critical, and having a skilled child abduction lawyer by your side can help ensure that deadlines are met and your case is handled efficiently.

How Masters Law Group Can HelpInternational Parental Child Abduction

International parental child abduction cases are both emotionally challenging and legally intricate, requiring in-depth experience and knowledge of domestic and international law. At Masters Law Group, our team is highly experienced in handling Hague Convention cases and advocating for families affected by parental child abduction. Erin E. Masters and Anthony G. Joseph have successfully represented clients in international parental abduction cases in Illinois and the U.S. federal court systems.

We provide compassionate, assertive representation to help protect your child’s rights and best interests. Understanding the urgency of these cases, we are committed to guiding families through the legal process with efficiency and care. If you or someone you know is facing an international parental abduction, seeking experienced legal counsel is crucial.

Final Thoughts

International parental child abduction presents significant emotional and legal challenges that require prompt and decisive action. Understanding your rights and the legal options available to you is crucial in helping protect your child’s well-being. At Masters Law Group, our dedicated team is here to provide the guidance and support you need.

Contact us today to take the first step in resolving your case and protecting your family’s future.

Q&A Section: Common Questions About International Parental Child Abduction

Q1: What is considered international parental child abduction?
International parental child abduction occurs when one parent unlawfully removes or retains a child across international borders, often violating court orders or custody agreements. This action disregards the child’s legal rights and can result in serious legal consequences for the abducting parent.

Q2: What should I do if my child has been abducted internationally?
Act quickly. Contact local law enforcement and the U.S. Department of State’s Office of Children’s Issues for immediate assistance. Consulting an experienced child abduction attorney is critical to navigating the legal complexities and initiating proceedings under international agreements like the Hague Convention.

Q3: Can the Hague Convention guarantee my child’s return?
No, the Hague Convention facilitates the return of abducted children to their habitual residence but doesn’t decide custody. Exceptions may apply if returning the child poses a grave risk or violates their human rights. An experienced lawyer can strengthen your case under Hague guidelines.

Q4: What if the child is taken to a non-Hague Convention country?
Even in non-Hague countries, there may be legal or diplomatic channels available to pursue the child’s return. Collaborating with a lawyer experienced in international parental abduction cases is essential for exploring all possible options.

Q5: Is it too late to act if my child has been abroad for more than a year?
Timing is critical. Under the Hague Convention, applications for a child’s return should be filed within one year of the abduction. Delays can weaken your case if the child is deemed to have settled in the new environment. Prompt action is key to achieving the best possible outcome.

Q6: Do I really need a lawyer for an international child abduction case?
Yes. International child abduction cases involve complex laws, international treaties, and legal procedures that require specialized knowledge. A skilled lawyer can provide expert guidance, ensure compliance with legal frameworks, and increase your chances of securing your child’s return.

Q7: What are the penalties for international parental child abduction?
Penalties can include criminal charges, fines, imprisonment, and loss of custody rights. In the U.S., the International Parental Kidnapping Crime Act (IPKCA) enforces strict consequences for such actions. Legal repercussions also apply in many other countries.

Q8: How can Masters Law Group help with my case?
Masters Law Group has extensive experience handling international parental child abduction cases under the Hague Convention and other legal frameworks. Our compassionate team works diligently to protect your child’s rights and secure their safe return. Contact us for expert guidance and support.

If you have additional questions or need help, contact Masters Law Group today for personalized assistance.

Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with our experienced attorneys to help address your specific circumstances. Masters Law Group provides professional legal services to help meet your needs. To learn more, visit masters-lawgroup.com.

District of South Carolina Rock Hill Division/ Mexico: Decision and Order/ Motion for Summary Judgment

In a groundbreaking decision, the District of South Carolina, Rock Hill Division, granted the petitioner’s motion for summary judgment under the Hague Convention on the Civil Aspects of International Child Abduction.

The respondent—represented by Masters Law Group—sought the return of his children, who had been taken to the United States. The Hague Convention helps protect children from international child abduction. It allows a parent to petition for the return of their child to the country of habitual residence when wrongful removal or retention occurs.

Case Overview

This Hague decision ordered the immediate return of two minor children to Mexico, their habitual residence. Due to their complexity, such a resolution is rare, as Hague Convention cases often require detailed evidentiary hearings. The court’s ruling reinforced the importance of respecting international treaties and helped resolve custody disputes in the appropriate jurisdiction.

What Role Did the Hague Convention Play?

The Hague Convention on the Civil Aspects of International Child Abduction (“The Hague Convention”)  is a multilateral treaty designed to protect children from international abduction by helping ensure their prompt return to their habitual residence. In this case, the Hague Convention provided the legal framework for determining the following:

  1. Habitual Residence: The court used the Convention to establish that Mexico was the children’s habitual residence based on their prolonged stay and integration into their environment.
  2. Wrongful Removal: The Convention’s standards helped confirm that the respondent’s unilateral removal of the children breached the petitioner’s custody rights under Mexican law.
  3. Affirmative Defenses: The Hague Convention defines limited defenses, such as the “grave risk” of harm or an intolerable situation. The court applied this standard to assess the respondent’s claims and found them insufficient.

Adhering to the principles of the Hague Convention, the court focused on the procedural and jurisdictional aspects of the case rather than the underlying custody dispute. This helped ensure the children’s return was based on the treaty’s requirements. Let’s examine why this case is unusual.

Why This Case Is Unusual

Hague Convention cases rarely conclude at the summary judgment stage. Instead, they hinge on intricate factual disputes, particularly regarding habitual residence and the applicability of defenses under Article 13(b). Such defenses are invoked to argue that returning the child would expose them to a grave risk of harm.

In this case, the parties’ stipulations provided clear and uncontested facts, enabling the court to determine that the children’s removal was wrongful. The respondent’s defense, citing economic hardship and instability in Mexico, was insufficient to meet the high threshold for the “grave risk” defense. Courts have consistently held that financial challenges do not constitute grave risk as defined by the Convention.

This resolution highlights the Hague Convention’s procedural framework and ability to efficiently help address wrongful removal cases when the facts are clear and uncontested.

Court Findings

Resolving this case at the summary judgment stage is particularly noteworthy. Summary judgment is granted when no genuine disputes of material fact exist. Hague Convention cases often require detailed evidentiary hearings to assess the credibility of claims and defenses. This decision highlights the clarity of the petitioner’s case and the strength of the Hague Convention’s procedural framework.

  1. The court confirmed that the children’s residence was in Mexico. This determination was based on the parties’ agreement that the children had lived in Mexico since 2019 and had been integrated into that environment.
  2. The petitioner’s custody rights were established under Mexican law. The respondent’s unilateral decision to remove the children from the United States violated these rights. The court ruled that the petitioner was actively exercising his custody rights at the time of removal.
  3. The respondent argued that returning the children to Mexico would result in economic hardship and instability, including the potential for homelessness. The court rejected this defense, emphasizing that financial difficulties while challenging, do not meet the stringent criteria for grave risk. The court noted that no evidence suggested the children would face physical harm, abuse, or intolerable conditions if returned to Mexico.

Case Results

The court granted summary judgment in favor of the petitioner and ordered the children’s immediate return to Mexico. The court concluded that the parties’ stipulations established a clear case of wrongful removal, and the respondent failed to provide sufficient evidence. The petitioner’s motion for summary judgment was granted, and the case is now closed.

Date: December 13, 2024

READ THE FULL CASE REVIEW HERE.

Hague Convention Law With Masters Law Group

At Masters Law Group, we understand the complexities and emotional challenges of international parental child abduction cases. Our Hague Convention attorneys are dedicated to providing legal representation that helps families and upholds the principles of justice.

Our Hague Convention attorneys, Erin E. Masters, and Anthony G. Joseph, possess comprehensive knowledge of navigating Hague Convention cases enacted through the International Child Abduction Remedies Act (ICARA). If you are facing child abduction proceedings under the Convention, we are here to help. 

Contact Masters Law Group today to schedule your complimentary consultation.

Explore our featured Hague Convention case decisions here.

Disclaimer: This case review is provided for informational purposes only and does not constitute legal advice. The information herein is based on publicly available case details and legal principles as of the publication date. Each case is unique; outcomes depend on specific facts and legal circumstances. Masters Law Group does not guarantee similar results in future cases, as various factors influence outcomes. For personalized legal assistance, contact our office to schedule a consultation.

 

Hague Convention Case Review: Northern District of Illinois / Ireland: Memorandum Opinion and Order

In this recent Hague Convention case that concluded in the Northern District of Illinois, Masters Law Group championed the rights of the petitioner in a challenging international family law matter. 

The case, resolved on August 29, 2024, through a carefully negotiated settlement, highlights the complexity and emotional weight of cross-border parental disputes. This resolution highlights the vital role of international law, particularly the Hague Convention, in helping protect the best interests of children caught between borders.

Case Overview: Northern District of Illinois / Ireland

This Hague Decision revolves around a dispute between the petitioner and the respondent. During a recent video status hearing before Judge Edmond E. Chang, the parties’ counsel, confirmed that they had reached a settlement agreement with the assistance of Masters Law Group attorneys and a magistrate judge. The agreement was detailed in a term sheet submitted to the court.

Key elements of the settlement include the following:

  1. Passport Handover: As part of the settlement, it was agreed that the child’s passport, currently held by the respondent, would be promptly handed over to the petitioner’s counsel. The passport will then be returned to the respondent at the airport on August 31, 2024. The parties agreed to travel back to Dublin, Ireland, on that date.
  2. Next Steps: The court has instructed the petitioner’s counsel to file a status report or a stipulation of dismissal consistent with the settlement agreement’s terms during the week of September 2, 2024. Additionally, a tracking status hearing is scheduled for September 6, 2024. This hearing is to help ensure the settlement is progressing as planned. It’s important to note that no court appearance will be required from the parties.

This settlement reflects the complexity of international parental disputes, where issues of child custody, cross-border travel, and international law converge.

The Role of the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is at the heart of many international parental disputes. It provides a legal framework for promptly returning a child to their country of habitual residence, where custody matters can be properly adjudicated.

In cases like the Northern District of Illinois / Ireland, the Hague Convention is a tool for determining the jurisdictional authority. It also helps ensure that international child abduction does not occur under the guise of custody disputes. The Hague Convention aims to deter international parental child abduction by establishing clear guidelines for the prompt return of the child to their home country, where local courts can then decide custody and visitation issues.

In this case, the settlement terms—including the return of the child’s passport and the agreed travel back to Dublin, Ireland—align with the principles of the Hague Convention. The agreement ensures compliance with international law and helps protect the child’s best interests by facilitating the child’s return to their habitual residence.

The Importance of Legal Guidance in International Custody Disputes

Cases involving international parental disputes, such as the Northern District of Illinois / Ireland, highlight the importance of having legal guidance in navigating complex situations where multiple jurisdictions and international laws intersect. The Hague Convention provides a framework, but the specific circumstances of each case can vary widely, requiring tailored legal strategies.

Working alongside an experienced attorney can help protect a child’s welfare while ensuring compliance with international treaties and local laws. Families facing similar challenges should consult with a Hague Convention attorney with experience in international family law.

Case Results

The court set a tracking status hearing for September 6, 2024, but indicated that no appearance is required. This suggests that the court does not anticipate further issues requiring a hearing. If everything proceeds according to the settlement, the court will record the case as resolved and dismissed.

The settlement agreement promotes a balanced co-parenting arrangement, helping ensure consistent and meaningful contact between the child and both parents. The agreement also encourages cooperation on matters of citizenship and legal concerns. This resolution reflects a collaborative approach to prioritizing the child’s best interests.

READ THE FULL CASE REVIEW HERE.

Hague Convention Law With Masters Law Group

At Masters Law Group, we bring experience handling sensitive international family law cases, including those involving the Hague Convention on the Civil Aspects of International Child Abduction. Our team is committed to helping protect the rights of parents and children involved in cross-border disputes.

Our Hague Convention attorneys, Erin Masters and Anthony Joseph, possess comprehensive knowledge in navigating cases under the Hague Convention, enacted through the International Child Abduction Remedies Act (ICARA). If you are facing child abduction proceedings under the Hague Convention, we are here to help. Contact Masters Law Group today to schedule your complimentary consultation.

Explore our featured Hague Convention case decisions here.

Masters Law Group Case Review: Western District of Michigan/Brazil

At Masters Law Group, we are committed to protecting the rights of parents and children under international law. In our most recent Hague Convention case, we successfully negotiated a favorable resolution for our client, helping ensure the child’s best interests were prioritized.

In this case, which concluded on August 23, 2024, the respondent—represented by Masters Law Group—sought the return of his child, who had been taken from the United States. Masters Law Group, experienced in navigating complex international child custody disputes, recently represented the respondent in a case filed in the Western District of Michigan.

Case Overview: Western District of Michigan / Brazil

On August 23, 2024, the U.S. District Court for the Western District of Michigan approved an agreement between the parties involved. Masters Law Group represented the respondent, who was defending his right to retain his child in the United States. The case concerned whether the child was wrongfully removed or retained from their habitual residence and the appropriate legal remedies to be enforced.

Legal Framework and Key Issues

The Hague Convention on the Civil Aspects of International Child Abduction (“The Hague Convention”) aims to protect children from international abduction by ensuring their prompt return to their country of habitual residence. In this case, the Petitioner sought the return of her child under the Convention, asserting that the child’s removal from Brazil to the United States was wrongful and violated custody rights under Brazilian law.

The primary issue in this case was determining whether the child should be returned to Brazil or if an alternate custody arrangement should be made to serve the child’s best interests. After thorough negotiation, both parties reached a comprehensive stipulation, which the court approved, effectively resolving the dispute. For the reasons stated below, the Court orders that the stipulation be approved and adopted.

The Stipulation Agreement

A stipulation and order is a legal document in which the parties involved in a case agree on certain facts, procedures, or actions and then submit this agreement to the court for approval. Once approved, the stipulation becomes an official court order. The stipulation agreement, in this case, establishes several key provisions to help ensure the well-being of the child and the rights of both parents:

  1. Child Custody: A custody order will be established simultaneously in Brazil and Michigan. The child will live with the mother during the school year and stay with the father during school breaks (summer, winter, and spring).
  2. Visitation and Communication: The father has visitation rights during school breaks in Brazil. The child will communicate daily with the other parent via WhatsApp.
  3. Transportation: Parents will share transportation responsibilities for parenting exchanges. The parent starting their time with the child will handle transportation.
  4. School Arrangements: The child will begin school in Michigan, staying with the father until December 27, 2024. After that, the child will virtually finish the first school semester in Brazil.
  5. Parental Access During Visits: Both parents agree to make the child available for parenting time when the other parent is visiting.
  6. Extracurricular Activities: The child may continue playing soccer while in Brazil.
  7. Passports and Citizenship: Both parents will cooperate in obtaining U.S. and Brazilian passports and dual citizenship for the child.
  8. Attorney Fees: Each parent will be responsible for their attorney fees and costs.
  9. Jurisdiction: The court will retain jurisdiction to enforce the terms until both parties agree to dismiss the matter.

Case Results

The final agreement promotes a balanced parenting arrangement, helping provide consistent contact between the child and both parents. A parenting arrangement helps foster cooperation on citizenship and legal matters. This resolution reflects a collaborative approach to co-parenting, prioritizing the child’s best interests and providing clear guidelines for both parties moving forward. The U.S. District Court for the Western District of Michigan approved and adopted this stipulation as an official court order. Making all agreed-upon terms enforceable under its jurisdiction. 

IT IS HEREBY ORDERED that the above stipulation is approved and adopted as an order of this court.

Date: August 23, 2024.

READ THE FULL CASE HERE.

Navigating International Family Law 

For families facing the complexities of international child custody disputes, it’s crucial to have experienced legal representation. With Masters Law Group by your side, navigating these challenging circumstances becomes more manageable. Your child’s safety is our top priority, and our team of attorneys can help you protect yourself and your children.

Erin Masters and Anthony Joseph have extensive knowledge and experience in cases involving the Hague Convention, enacted through the International Child Abduction Remedies Act (“ICARA”).  They are uniquely positioned to help guide you through the legal process and fight for your child’s return to their rightful home.

 Contact us today to schedule your complimentary consultation.

Check out our featured Hague Decisions here.

Demystifying the Hague Convention: Essential FAQs Answered

The nightmare of having your child taken across borders is a frightening reality for a growing number of parents across the globe. Under the Hague Convention, solutions are provided for parents who seek the return of their child to their country of habitual residence.

International Parental Child Abduction is an act of illegally taking a child from their residing home by one of the parents across international borders. If you suspect the possible scenario of International Parental Child Abduction in your family, here are some questions and answers that can provide valuable insight.

1. What is the Hague Convention?

The Hague Convention was enacted into law through the International Child Abduction Remedies Act (ICARA). This law provides help to parents whose child or children have been wrongfully removed from or retained in their custody. They may petition for the child’s return to their country of habitual residence.

This Hague treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December 1983. There are over 93 countries that participate in the treaty. This treaty governs the way other countries’ legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to help ensure judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

2. What Is “Wrongful Removal” Under The Hague Convention?

Deciding whether to file a Hague application is a big decision. It depends on the specific circumstances of each case. A wrongful removal or retention of a child is considered illegal if it violates your custodial rights and you were exercising those rights at the time of the removal or retention.

In order for the Hague Convention to apply, it must have been in force between the two countries when the wrongful removal occurred. When a country joins the Convention, it doesn’t automatically partner with all countries that have ratified or joined it. Instead, countries must accept another country’s accession to the Convention before forming a treaty partnership.

3. How Can A Hague Lawyer Help?

A Hague Convention lawyer has experience handling cases related to international child abduction and custody disputes governed by the Hague Convention. They possess in-depth knowledge of the Convention’s provisions, procedures, and legal precedents, enabling them to navigate the complexities of your case effectively. Here’s how a Hague lawyer can assist you:

  • International Legal Aid: Hague lawyers often have established networks of lawyers and resources worldwide, facilitating communication and collaboration across international borders.
  • Negotiation and Mediation: A Hague lawyer can represent your interests during negotiations. Reaching an amicable resolution through negotiation or mediation is preferable to lengthy court proceedings.
  • Court Representation: If your case proceeds to court, your Hague lawyer will advocate on your behalf, presenting compelling arguments and evidence to support your child’s return to their country of habitual residence.

4. How Long Is The Hague Convention Process?

Contrary to common belief, the Hague Convention doesn’t guarantee the automatic return of a child in every case. While it provides a legal framework for facilitating such returns, various circumstances, defenses, and exceptions may complicate matters. Some cases can be resolved relatively quickly, within weeks or months.

While others may drag on longer, especially if they involve complex legal proceedings or appeals, one exception is when there are genuine concerns about the child’s safety or well-being. In such cases, the Hague Convention prioritizes the child’s welfare and safety. Working with a Hague lawyer can help you understand what steps to take to get the swift and safe return of your child.

5. What Steps Should I Take If My Child Has Been Wrongfully Taken?

Discovering that your child has been wrongfully taken across borders is a harrowing experience. Acting swiftly and decisively is crucial if you are in this unfortunate situation. Here are essential steps to consider as you navigate this distressing ordeal:

  • Consult with a Hague Lawyer: Seek legal advice from a Hague Convention lawyer. They can assess your case and guide you through the legal process.
  • File a Hague Application: Depending on your country of residence, you may need to apply the Hague Convention through the appropriate central authority. Your lawyer can assist you with completing and submitting the necessary documentation.
  • Gather Evidence: Collect evidence supporting your claim. This includes documentation of your custody rights, evidence of the child’s habitual residence, and communication with the other party regarding the abduction.
  • Cooperate with Authorities: Work closely with law enforcement, central authorities, and Hague lawyers involved in your case. Provide them with any requested information or assistance to facilitate the prompt resolution.

Finding Legal Representation

Selecting a Hague lawyer familiar with state, federal, and international laws is crucial. Masters Law Group attorneys Erin Masters and Anthony Joseph have years of experience handling Hague Convention cases. Our experience in the Hague Convention field shows our competence in providing legal counsel for these stressful scenarios.

For more information, here are a few of our highlighted Hague Convention cases:

Contact our office today to schedule your consultation.

MASTERS LAW GROUP HAGUE CONVENTION CASE REVIEW: THE DISTRICT OF COLORADO/COLUMBIA

International parental abductions have been reported in countries all over the world. In one of our most recent Hague Convention cases, the attorneys at Masters Law Group succeeded in this landmark ruling in favor of our client.

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) was enacted into law through the International Child Abduction Remedies Act (“ICARA”), which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

In our most recent case that concluded on February 20, 2024, the husband – represented by Masters Law Group –  filed a petition for the return of his two children, who were taken from his residence in Colombia to the United States by his wife – the mother of the children. As relevant here, the Hague Convention provides that a parent whose child or children have been wrongfully removed or retained in the United States may petition for the child’s return to his or her country of habitual residence.

CASE OVERVIEW

Before the Court is Petitioner’s Verified Complaint and Petition for Issuance of a Show Cause Order and for Return of Minor Children to Colombia (D. 1). The Court held a bench trial on February 14-16, 2024, with both parties physically present and testifying. The Court GRANTED the petition for the following reasons.

Case Background

This case involves a Hague Convention petition for the return of two minor children born in Colombia to a Colombian citizen petitioner and a United States citizen respondent. The parties were married in the United States in 2012 and lived together in Colombia. The respondent, a full-time childcare provider, took the children to the U.S. for a family reunion but faced passport renewal delays. The Petitioner acquiesced to the extended stay. Despite attempts to attend mediation remotely, The Petitioner canceled, insisting it be rescheduled upon their return to Colombia.

This case arises under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction.

The Act entitles a person whose child has been removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child.

CASE RESULTS

The Court finds in favor of the Petitioner, concluding that the Respondent wrongfully retained the children and dismissing her claim of grave risk of harm. The Petitioner’s request for the return of the children to Colombia is granted.

Respondent is ordered to ensure the children’s return to Colombia within 28 days, by March 20, 2024, either with herself or an authorized caregiver. Seven days before their departure, Respondent must provide details of the return flight to the Petitioner.

Petitioner may seek reimbursement for expenses following Federal Rule of Civil Procedure 54(d)(1) and D.C.COLO.LCivR 54.1. Respondent is liable for costs, legal fees, and transportation unless proven clearly inappropriate.

The case is hereby closed.

Date: February 20, 2024.

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.

The Hague Convention and Family Law: FAQs

Parental child abduction is a living nightmare for parents and families across the globe. But what happens when your child is taken overseas? Continue reading here to find out.

Living in an interconnected world makes it easier for families to extend across international borders. However, this can lead to legal challenges that require cross-country cooperation and understanding.  The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) is a treaty that many countries, including the United States, have joined. Its purpose is to protect children and their parents from the harmful effects of this growing crime.

If you have urgent questions or suspect you may face the scenario of International Parental Child Abduction in the future, here are some key questions and answers that could help.

FAQ 1: 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 their custody may petition for the child’s return to their country of habitual residence. This treaty was developed by the Hague Conference on Private International Law (HCCH) and entered into force in December 1983.

There are over 93 countries that participate in the treaty. This treaty governs the way other countries’ legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to 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.

FAQ 2: How Important is Habitual Residence?

Habitual residence is a crucial concept within the Hague Convention. It refers to where a child has established a regular, integrated, and stable life. Determining habitual residence is essential in deciding which country’s legal system should govern issues like custody and visitation. This prevents parents from moving their children to another country to gain a legal advantage in custody disputes.

A left-behind parent pursuing their child’s return must demonstrate that the child was subjected to wrongful removal or retention per the Convention’s definition. It involves proving that the child’s habitual residence was in a foreign country immediately before the alleged illegal action occurred. The left-behind parent must also confirm their custody rights during the purported wrongful removal or retention.

FAQ 3: What issues arise in cross-border disputes under the Hague Convention?

There an infinite issues that could arise when dealing with international disputes. Often, many challenges intertwine legal, cultural, and jurisdictional complexities. While the Hague Convention emphasizes the prompt return of abducted children, certain exceptions exist, known as Hague Convention Defenses:

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

Defense 3: 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 child’s return under Article 12.

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

Defense 5: That “there is a grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” 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.

Furthermore, when a child has dual nationality, conflicts might arise regarding which country’s laws should be applied. Effective communication between the legal systems of different countries can also be hindered by language barriers, slowing down the resolution process. As these cases touch upon the sensitive matters of a child’s welfare and custodial rights, working with an established Hague Convention Attorney can help guide you through these challenging scenarios.

FAQ 4: How Does the Hague Convention Interact with Family Law Matters?

Central authorities are vital in facilitating communication and cooperation between the countries involved in a case. They work together to locate the child, gather necessary information, and resolve the situation quickly. The Hague Convention highlights the importance of minimizing a child’s time separated from their custodial parent. This allows them to maintain stability in their lives.

Mediation methods can also offer a more amicable solution to family disputes. Integrating mediation into the Hague Convention proceedings could allow families to address their concerns outside the courtroom, reducing emotional distress and fostering cooperative outcomes prioritizing the children’s well-being.

Furthermore, the U.S. Department of State and an experienced Family Law Firm dedicated to International Parental Child Abduction cases can also help to enforce the safe return of your child or children.

How Can I Find a Hague Convention Attorney?

To help ensure you have the best possible outcome in your Hague Convention case, you should seek an attorney who understands the intricacy of dealing with state, federal, and international laws.

Family law attorneys Erin Masters and Anthony Joseph of Masters Law Group have extensive experience in cases involving international child abduction disputes in the State of Illinois and the United States federal court system. Our unique depth of knowledge, experience, and talent in the Hague Convention field highlights our competence in providing legal counsel for these fast-paced and stressful scenarios. 

For more information on our experience, here are a few of our highlighted Hague Convention cases:

Contact our office today to schedule your consultation.

Help Prevent International Parental Abduction with Supervised Visitation

If you are concerned your ex partner is at flight risk overseas with your child, supervised supervision could be beneficial. Here’s what you need to know…

Following a separation or divorce, particularly when relations are acrimonious, parental child abduction cases are an important factor to consider. Child abduction cases—particularly those involving international borders—are complex and extremely time-sensitive and require immediate action.

International child abduction often occurs for several reasons. It is a very frightening experience for parents and children alike, and it can have a profound effect on the lives of everyone involved.

Here is how supervised visitation and the help of the Hague Convention could help reduce international abduction.

What is Supervised Visitation?

When a parent’s fitness is in question, a judge may order supervised visitation. This is generally done when there have been allegations of alcohol or substance abuse or domestic violence. The purpose of supervised visitation is to ensure that the parent maintains contact with the child in a safe and comfortable environment.

Supervised visitation allows a parent to visit with their child only after the child has been taken away from the other parent. The visit may take place at the parent’s home or in a designated facility, such as a child care center. In most cases, the parent who has custody of the child will report to a designated visitation center for visits. In other cases, the judge may arrange for the child to be delivered to the parent’s home. In all cases, the judge will specify who is to supervise these sessions.

These orders are meant to protect the child and may include any of the following requirements:

  • A modification or elimination of the parent’s decision-making responsibilities and/or parenting time
  • Supervision by the Department of Children and Family Services (DCFS)
  • Having an intermediary present during the exchange between parent and child, or taking place in a protected setting
  • Restricting the presence of specified persons while a parent is exercising parenting time with the child
  • Ordering a parent to refrain from possessing or consuming alcohol or drugs during (or right before) parenting time with the child
  • Restricting the presence of certain persons when a parent is spending time with the child
  • Posting a bond to secure the return of the child following the parent’s visit
  • Completing a treatment program for abuse or for any other behavior that is detrimental to the child
  • Any other constraints or conditions that the court deems necessary to provide for the child’s safety or welfare.

The biggest takeaway parents should understand is that supervised visitation is a common tool used to protect children. Parents can still maintain contact with their children, but it also forces them to prove their ability to provide adequate care. Supervised visitation, when combined with the protections provided by the Hague Convention on International Child Abduction, makes it more difficult for parents to abduct internationally.

With the help from your attorney, require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary.

Hague Convention and What You Should Know

The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement that aims to prevent children from being abducted from their home country. It provides a process through which a parent can seek to have their child returned to their home country.

Several countries around the world have joined an international treaty called the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Conference on Private International Law drafted and concluded this multilateral treaty, which entered into force on December 1, 1983. In accordance with Article 3 of the Treaty, removal or retention of a child is considered wrongful “where it breaches rights of custody attributed to a person, judicial authority or other body at the time of removal or retention.”

Under the Convention, countries can help one another find solutions for difficult cases of international child abduction. This does not rely on a child’s immigration status or nationality; in certain situations, a child may be wrongfully detained in another country and therefore not a resident there. The Central Authority has the ability to do 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.

It is important to remember that immigration status or nationality does not determine whether a child will be returned to his or her habitual residence.

Final Thoughts

If you and your spouse are having a hard time with child custody, supervised visitation may be the best option for you. Ensuring a child’s safety should always be a number one priority for all parties involved. Especially when faced with international borders as part of a custody dispute, the court system can be very involved in resolving custody rights. 

The family law attorneys at Masters Law Group have experience with international child custody (Parenting Time) disputes. If you believe your child is in the process of being abducted by a parent, legal guardian, or someone acting on their behalf, contact us today for a consultation.

For more information on our Hague Decisions, see here:

International Child Abduction Facts

Parental child abduction cases are, unfortunately, a factor to consider following a separation or divorce, particularly when relations between the parents are acrimonious. Child abduction cases, particularly across international borders, are complex and extremely time-sensitive. Here are  some facts you should know if you’re facing such a case.

“Desiring to protect children internationally from the harmful effects of their wrongful removal or retention…as well as to secure protection for rights of access.”

–Hague Abduction Convention, Preamble

International child abduction happens for a number of reasons. Child abduction can be a very frightening experience to the parents involved and of course to the children. International parental child abduction is an act of illegally taking a child from their home usually by one of the parents across international borders; but it can also be done by an acquaintance or another member of the family.

International child abduction is actually on the rise and many investigation offices have open cases in all 80 countries the Hague Convention applies to. Here’s what you need to know about this growing problem. 

WHY THE HAGUE CONVENTION IS IMPORTANT

Firstly, what is The Hague Convention? The Hague Convention on the Civil Aspects of International Child Abduction is the main 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.

A number of countries around the globe have joined a treaty called the Hague Convention. 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.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches custody rights attributed to a person or any other body. If, at the time of removal or retention, those rights were exercised. Even if a parent already has legal custody of a child, the Convention is needed. U.S. court orders may not be recognized in other countries, and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

CONVENTION FRAMEWORK

The Convention’s framework allows countries to help one another find solutions for difficult custody cases where a child is abducted. This doesn’t rely on the immigration status or nationality of the child. In certain situations, a child may be wrongfully detained in another country, where they are not a resident. Violations of custodial rights happen when the child is wrongfully removed from their habitual home and now lives in a foreign country.

The Central Authority must do 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.

Presenting a custody order is not needed to prove that a parents custodial rights were violated when the child was taken from their country; this can be proven by showing proof of parenthood or marriage. When a child is returned to his/her habitual residence, it does not depend on the immigration status/or nationality of a child or his or her parents.

Family Abductions are More Common than you Think

When parents report that their children have been abducted or retained outside of the United States, country officers inform them of potential options and provide resources to help them seek the return of, or access to, their children. 

Some years, family abductions make up as much as 90% of abductions that occur, especially by parents. This usually happens in homes where the parents are separated, divorced, or estranged and is more common in lower-income households and during custody disputes. 

If your child wasn’t taken by a family member, the odds are that it was done by someone you know. 

A Fraction of 1% of Child Abductions is Total Strangers

About 100 children a year are abducted by total strangers as you hear on the news, so it’s exceedingly rare for a child to disappear this way. While this is the rarest, it is also the least likely that your child will come home if they are taken by a total stranger. Out of the approximately 100 kids a year that are taken this way, only 50 come back.

In 2020, country officers responded to 157 initial inquiries in which parents sought information and resources regarding parental abductions, but did not proceed with providing complete documentation. Country officers handled 664 total outgoing abduction cases, including 246 cases opened in 2020. Of those cases,129 were resolved with the return of 185 abducted children to the United States.

Final Thoughts

Nothing can make a parent feel more helpless than having a child taken away to, or held in, a foreign jurisdiction. If you believe your child is in the process of being abducted by a parent, legal guardian, or someone acting on their behalf, contact the experienced family law attorneys at Masters Law Group.

Our 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.

Our Featured Hague Decisions:

Contact us today to schedule a consultation.

International Parental Abduction

International parental child abduction is an act of illegally taking a child from their home. Usually by one of the parents, but it can also be done by an acquaintance or another member of the family, and taking him to another county. Here’s what you need to know about this growing problem. 

When parents report that their children have been abducted or retained outside of the United States, country officers inform them of potential options and provide resources to help them seek the return of, or access to, their children. International Parental Abduction is more common than you think.

In 2020, country officers responded to 157 initial inquiries in which parents sought information and resources regarding abductions, but did not proceed with providing complete documentation. Country officers handled 664 total outgoing abduction cases, including 246 cases opened in 2020. Of those cases,129 were resolved with the return of 185 abducted children to the United States.

Here’s a look at the Hague Abduction Convention, and what you should know about International Parental Abduction.

Is Your Child at Risk for An International Abduction?

There’s certain traits and characteristics of offending parents that make it easier to spot if they are capable of abduction your child. It is important to remember that these signs do not necessarily mean that your child’s other parent is going to abduct your child; these are signs that you need to make sure you are being more aware of. Here are some examples below:

  • Parents who threaten to abduct their children and/or have abducted their children before.
  • Parents who believe their children are being abused and have a support group that also believes this.
  • Parents with paranoia or sociopathic tendencies.
  • Parents with strong ties and family support in another country.
  • Parents frustrated with the legal system in the United States who have supportive family and friends.

It’s not unusual for a parent who abducts their child to believe that they know what is best for the child. Young children are the easiest to abduct because they don’t know to go for help or do anything to bring attention to their parents taking them.  Some other warning signs and factors that are important to be aware of are:

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

Protecting Your Child From International Parental Abduction

When developing a child custody order, it is important that the order be very specific in regard to the rights of each parent. You should avoid vague phrases like “reasonable visitation” because the word reasonable can be interpreted differently.. Joint custody should also be avoided if there has been any history of abduction or the risk of abduction is high.  

Your court order should include why the court has jurisdiction in the matter of your child and state that both parents were given the opportunity to present their case to the court regarding custody. In order for your court order to be able to be enforced nationwide, the court’s exercise of their jurisdiction has to comply with the federal Parental Kidnapping Prevention Act (PKPA).

Your court order can specify that your child is not allowed to leave the state you reside in without written consent from the other parent.  

The court order can also ban a parent from applying for a passport for your child.  If your child already has a passport, the court can require that the passport be surrendered. If you have information that your child would most likely be taken to a specific country, you can notify that embassy or consulate and provide them with the court order to request any visa requests for your child be denied.

If the risk to your child being abducted by their other parent is high, the court is typically more likely to put protections in the court order to prevent abduction. The court looks at the following factors: risk of abduction is high, recovering the child would be very difficult, and the abduction would be harmful to the child.

Some additional steps to lower the risk of parental abduction or increase your odds recovering your child if they are abducted would be:

  • Have up-to-date pictures 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.
  • Fingerprints of your child.
  • Have your child/children learn how to use a telephone and how to call the police.
  • Keep schools, daycares, and other child care providers informed of current custody orders.
  • Register your child with the Children’s Passport Issuance Alert Program (CPIAP).

International Child Abduction Remedies Act (ICARA)


The International Child Abduction Remedies Act (ICARA), is a multi-lateral treaty developed by the Hague Convention on Private International Law.

ICARA is United States federal law that implements the HAC between American states and American states internationally with other countries.  It went into effect in 1988.

When a child is alleged removed from his/her habitual residence, or a parent is not allowed his/her visitation with a child under a previous legal agreement, that child’s parent can now bring an action in local court under ICARA.  After a showing of the other parent’s wrongdoing, the alleged wrongdoer must show to the court one of the following:

  • that the person requesting the return of the child was not actually exercising custody’ at the time of the removal or retention;
  • that the person requesting the return of the child had consented to or acquiesced in the removal or retention;
  • that more than one year has passed from the time of wrongful removal or retention until the date of the commencement of judicial or administrative proceedings;
  • that the child is old enough and has a sufficient degree of maturity to knowingly object to the person requesting the return of the child, and that it is appropriate to heed that objection;
  • 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; or
  • that return of the child would subject the child to violation of basic human rights and fundamental freedoms.

Attempting to have one’s child returned to his/her care or to be able to exercise one’s visitation rights either by state to state or from state to an international country is very complicated.  It is highly recommended that a professional family law attorney be retained to navigate the legalities involved.

Child Custody and Visitation Matters


With the exception of international parental abduction, child custody and visitation matters are handled by local and state authorities, and not by the federal government. The matters are governed by the relevant state family court system and human services agency. Therefore, child custody or visitation issues should be reported to state or local law enforcement authorities or a state judicial officer.

In addition to contacting the Department of State, Office of Children’s Issues, law enforcement or left-behind parents should also contact the National Center for Missing and Exploited Children (“NCMEC”): 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 so they can be reunited with a child located in another country or obtain travel support for the child’s return to the United States.

Finally, seeking a family law firm who are highly experienced in cases involving international child custody disputes (in both courts located in the State of Illinois and the United States federal court system) could be an invaluable resource in this incredibly stressful time.

Additional Resources on International Parental Abduction

Final Thoughts

Many countries throughout the world, including the United States, belong to the Hague Convention, and will negotiate treaties to help streamline international justice. When family law disputes cross international boundaries, it is essential to have the help from a knowledgeable family law attorney who understands all of the legalities that go along with international child custody cases.

Our attorneys, 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”). 

See Our Featured Hague Decisions Here:

Contact us here today to learn more.