Tag Archive for: parental child abduction

International Child Abduction: How to Win a Hague Convention Case

International parental child abduction cases are among the most emotionally charged and legally complex disputes in family law. In 2023, 4.1% of the 28,886 missing children cases reported to the National Center for Missing & Exploited Children (NCMEC) were classified as family abductions—highlighting the prevalence and gravity of this issue.

The Hague Convention on the Civil Aspects of International Child Abduction provides a vital framework to address these cross-border disputes. However, navigating a Hague Convention case requires meticulous preparation, a comprehensive understanding of the law, and skilled legal representation.

In this blog, we’ll delve into the workings of the Hague Convention, outline effective strategies for winning a case, and demonstrate how Masters Law Group’s extensive experience can guide parents in reuniting with their children.

Understanding the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty established in 1980 to provide a standardized process for resolving international parental abduction cases. The Hague Conference on Private International Law (HCCH) includes 91 permanent members, comprising 90 countries and the European Union. All members agree to adhere to the Convention’s guidelines, helping ensure a unified approach to protecting children from wrongful removal or retention.

The core objectives of the Hague Convention include:

  1. Prompt Return: To help ensure the swift return of abducted children to their country of habitual residence.
  2. Deterrence: To prevent parents from using international borders to gain an advantage in custody disputes.

Steps in a Hague Convention Case

1. Filing a Hague Petition

The first step in a Hague Convention case is for the left-behind parent to file a petition in the country where the child is currently located. This is a critical legal document that initiates the process and sets the stage for the case. The petition must establish the following key elements:

  • The child is under 16 years of age.
  • The child’s habitual residence before the abduction.
  • The violation of custody rights under the child’s habitual residence laws.

2. Proving Wrongful Removal or Retention

The petitioner bears the responsibility of proving that the child’s removal or retention was wrongful under the Hague Convention. To do so, they must demonstrate two critical elements:

  1. Custodial rights were being actively exercised at the time of the abduction: This could involve showing evidence of regular involvement in the child’s life, such as visitation, financial support, or shared decision-making.
  2. The child was wrongfully removed or retained: The petitioner must establish that the child’s relocation violated custody rights recognized under the laws of the habitual residence.

Courts require clear and convincing evidence to support these claims. This may include legal documentation, witness testimony, or authoritative interpretations of custody laws in the child’s habitual residence. Collaborating with an experienced Hague Convention attorney can help your case be thoroughly prepared and presented effectively.

3. Defending Against Exceptions

While the Hague Convention prioritizes the prompt return of abducted children, it also provides limited defenses for the abducting parent. These defenses are not meant to re-litigate custody but to address exceptional circumstances. The most common defenses include:

  • There is a grave risk of harm if the child is returned.
  • The child has settled into the new environment (if over a year has passed since the abduction).
  • The child objects to returning and has reached an age and maturity to make such decisions.

Defenses under the Hague Convention are narrowly construed, and the burden of proof lies with the abducting parent to substantiate their claims. Courts carefully evaluate these exceptions to prevent help misuse and ensure the child’s best interests are protected.

Strategies for Success in Hague Convention Cases

1. Act Quickly

Time is critical in Hague Convention cases. Courts are more likely to return a child if the case is filed within one year of the abduction. Delays may result in the child becoming “settled” in their new environment, complicating the case.

2. Gather Robust Evidence

Establishing habitual residence and wrongful removal requires strong evidence, such as:

  • School or daycare records.
  • Medical and vaccination records.
  • Testimonies from friends, teachers, or community members familiar with the child’s living situation.

3. Address Potential Defenses Proactively

If the abducting parent raises defenses under the Hague Convention, be prepared to counter these arguments. For example:

  • If claiming grave risk of harm, provide evidence that the child will be safe in their habitual residence.
  • If the child objects to returning, demonstrate that the abducting parent may have influenced the objection.

4. Work with Experienced Legal Counsel

Navigating a Hague Convention case requires in-depth legal knowledge. Working with a law firm experienced in international parental child abduction cases, like Masters Law Group, can significantly improve your chances of success.

How Masters Law Group Can Help Best Hague Convention Attorney

At Masters Law Group, we understand the profound emotional and legal challenges involved in Hague Convention cases. With extensive experience representing clients in international parental child abduction disputes, we are dedicated to guiding you through these complexities with care and expertise.

Our attorneys have successfully handled numerous Hague Convention cases, delivering favorable outcomes for parents seeking the return of their children. We provide comprehensive support at every stage of the Hague Convention process, from filing the initial petition to representing you in court. Here’s how we can help:

  • Collect and present compelling evidence to prove wrongful removal or retention.
  • Develop strategies to address and counter defenses raised by the opposing party.
  • Advocate effectively in court to secure the prompt return of your child.

Explore our proven track record and expertise in this area of law by reviewing our case successes here.

Final Thoughts

International parental child abduction cases present significant emotional and legal challenges, but the Hague Convention provides a framework for parents to seek justice. Act swiftly is essential if you want to increase your chances of success.

At Masters Law Group, we are committed to helping parents navigate the complexities of Hague Convention cases. With a proven track record and a client-focused approach, our team is dedicated to reuniting families and providing the best outcomes for children. Let us guide you through this challenging time and help bring your child home.

Contact our Hague Convention attorneys today to schedule a consultation. 

Frequently Asked Questions (FAQs)

Q: How long do Hague Convention cases typically take?
A: The Hague Convention aims to resolve cases within six weeks to prevent further disruption to the child’s life. However, delays can occur due to court backlogs, the complexity of the case, or challenges in gathering evidence. Working with the experienced attorneys at Masters Law Group can help streamline the process and avoid unnecessary delays.

Q: What if the child has dual citizenship?
A: Dual citizenship does not affect the protections of the Hague Convention. The key factor is the child’s habitual residence, not citizenship. Masters Law Group can help clarify its impact on your case and ensure your petition aligns with the Convention.

Q: Can I file a Hague Convention case if I don’t have a formal custody order?
A: The Hague Convention recognizes custody rights that arise naturally under the child’s habitual residence laws, even without a formal custody order. However, proving these rights may require additional evidence, such as legal statutes or documentation of parental involvement. Masters Law Group can assist in gathering the necessary proof to establish your custody rights.

Q: What happens if the child refuses to return?
A: If the child is of sufficient age and maturity, the court may consider their objections to returning. However, the court will also examine whether these objections are genuine or influenced by the abducting parent. Masters Law Group has experience handling these sensitive cases and can present evidence to help the child’s voice be heard appropriately and fairly.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal guidance related to your case, consult an attorney experienced in Hague Convention matters.

Your Questions on International Parental Child Abduction Answered

“My child has been taken across international borders. What can I do? How do I bring them back?” If you’ve asked these questions—or even heard them from others—you understand the profound distress that international parental child abduction brings to families.

The complex legal landscape surrounding these cases can feel overwhelming for parents searching for answers. This blog addresses the most pressing questions about international parental child abduction, the steps you can take, and how legal support from a child abduction attorney can make a vital difference in reuniting families. 

Here’s what you need to know.

What is International Parental Child Abduction?

International parental child abduction occurs when one parent unlawfully takes their child across international borders, often without legal authorization or against a court’s custody/parenting time order. 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 factors can motivate a parent to abduct their child, including:

  • Custody Disputes: Parental Child abductions often happen when a parent fears losing custody.
  • Legal Conflicts: Some parents believe they will receive a more favorable outcome in another country.
  • Cultural Differences: Cultural or religious beliefs may drive a parent to take the child to a country that aligns with their values.

A common misconception is that parental child abductions are less harmful because the child is with a parent. However, legal systems worldwide take parental child abduction seriously due to its impact on children and families. Let’s look at the legal framework and steps that can help prevent and respond to such situations.

What Laws Govern International Parental Child Abduction?

The primary framework for addressing international parental child abduction cases is the Hague Convention on the Civil Aspects of International Child Abduction. Enacted in the U.S. through the International Child Abduction Remedies Act (ICARA), this international treaty—ratified by over 90 countries—aims to protect children from parental abduction and helps secure their swift return to their country of habitual residence.

The Hague Convention was created with two primary goals:

  1. Ensure Judicial Notice: Establish a process for judicial and extrajudicial documents to be brought to the addressee’s attention promptly.
  2. Organize Judicial Assistance: Helps enhance international cooperation on judicial matters to support the legal rights of children and parents.

The Convention only applies if both involved countries are signatories. In cases where the Hague Convention does not apply, recovering an abducted child can become more challenging, requiring a customized legal approach.

Steps to Take if Your Child is Abducted Internationally

If your child has been abducted internationally, taking immediate action is crucial. Understanding the legal tools available, like the Hague Convention, can be a lifeline for families facing this challenge. Here are key steps to follow:

  1. Report the Abduction: Contact the Office of Children’s Issues at the U.S. Department of State and file an international parental child abduction report. This report is the first step in officially documenting the abduction and initiating assistance.
  2. Engage Legal Help: Seek out a child abduction attorney with experience in international abduction cases. They can represent you in domestic and foreign courts, coordinating with authorities and advocating for your child’s safe return.
  3. File a Petition Under the Hague Convention: If your child has been taken to a country that is part of the Hague Convention, filing a petition under this treaty can expedite the recovery process. This international framework facilitates the prompt return of children wrongfully taken across borders.
  4. Gather Essential Documentation: Collect all relevant legal documents, including custody agreements, court orders, birth certificates, and any communication records with the other parent. These documents are critical for proving your custodial rights and reinforcing your case in court.

These steps can help you begin reuniting with your child. Remember, having the right legal support and understanding the procedures can profoundly affect handling this challenging situation.

What Other Preventive Measures Can Parents Take?

The possibility of parental child abduction is an unsettling reality. Recognizing warning signs and taking proactive steps to protect your child is essential. Here are key actions to consider if you suspect a risk of abduction:

  1. Collect Evidence: Document any threats, unusual behavior, or concerning actions by the other parent. Keep electronic communications, messages, and records that could be valuable evidence.
  2. Alert Authorities: If you believe child abduction might occur, inform local law enforcement and relevant legal authorities immediately. Early reporting can help them monitor the situation and take preemptive measures.
  3. Consult a Family Law Attorney: Seek guidance from a family law attorney experienced in parental abduction cases. They can help you understand your rights, obtain court orders if necessary, and navigate complex legal processes to protect your child.

By taking these preventive steps, you can help protect your child’s safety and reduce the risk of abduction. Partnering with a trusted child abduction attorney can provide valuable guidance and help you explore all available options to help keep your child safe.

How Masters Law Group Can Help

With years of experience handling international parental child abduction cases, Masters Law Group offers families compassionate, strategic support. From pursuing emergency court orders to coordinating with international authorities, our attorneys are committed to every step of reuniting you with your child. Here are some of the ways we can help:

  1. Legal Experience: Our child abduction attorneys have immense experience in family law and have in-depth knowledge of both state and federal laws governing parental responsibilities and child abduction. We can help you understand your rights and the legal remedies available.
  2. Emergency Court Orders: Our child abduction attorneys can help file emergency motions to secure the return of your child, including requesting the issuance of a warrant for the abductor’s arrest if necessary.
  3. Coordination with Authorities: We work closely with law enforcement agencies, NCMEC, and international authorities to help expedite the process. Our experience in dealing with such agencies can significantly enhance the efficiency and effectiveness of these efforts.
  4. Interstate and International Cases: Child abduction cases that cross international borders involve additional legal hurdles. Our legal team has extensive experience in the Hague Convention and can help navigate these complexities on your behalf.
  5. Negotiation and Mediation: In some cases, negotiation or mediation with the abducting parent may be necessary to resolve the situation amicably. Our skilled child abduction attorneys represent your best interests and work towards a resolution prioritizing the child’s well-being.

Final Thoughts

International parental child abduction is a distressing experience that affects families worldwide. For parents facing this challenge, understanding their rights and the legal options available can make a critical difference. Masters Law Group’s legal team provides compassionate, knowledgeable support to help parents pursue the best possible outcome for their children.

Erin E. Masters and Anthony G. Joseph have extensive experience in cases involving international parental child abduction in courts in the State of Illinois and the United States federal court system. If you or someone you know is grappling with international parental abduction, seeking professional legal guidance is essential.

Contact us today to arrange a consultation and take the first step toward resolution.

To see our most recent Hague Convention case results, see here.

Disclaimer: The content of this blog is intended for informational purposes only and should not be considered as legal advice. While the attorneys at Masters Law Group are fully qualified to handle your legal matters, every situation is unique, and legal advice should be tailored to the specific circumstances of your case. We encourage you to consult with one of our experienced attorneys for personalized legal guidance. Reading this blog does not establish an attorney-client relationship. For professional legal assistance, please contact the Hague Convention Attorneys at Masters Law Group directly.

How Do I Stop My Ex from Taking My Child Out of the Country?

International parental child abduction is not just a distant fear; it’s a harsh reality for many families around the world. In 2023 alone, 4.1% of the 28,886 missing children cases reported to the National Center for Missing & Exploited Children (NCMEC) were family abductions.

Whether it’s the result of an impulsive act by a parent or an orchestrated plan, parental child abduction can be devastating. Thankfully, there are legal protections in place to help prevent this. In this blog, we’ll explore the critical steps you can take to help protect your children and understand your legal rights. Here’s what you need to know.

Understanding 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”). It provides that a parent whose child has been wrongfully removed from the U.S. can petition for the child’s return to their country of habitual residence.

Parental child abduction carries significant emotional, psychological, and legal consequences. According to Travel.State.Gov, international parental child abduction involves the wrongful removal or retention of a child outside their habitual country of residence, violating the custody rights of another parent or guardian. 

The Office of Children’s Issues within the U.S. Department of State plays a pivotal role in preventing international parental child abduction, whether from or to the United States. It actively supports families involved in abduction cases and upholds the principles outlined in the Hague Convention. Let’s explore some precautions you can implement to help prevent your ex from taking your child abroad.

1. Obtain a Court Order Prohibiting Travel 

One of the most effective legal steps is obtaining a court order prohibiting travel. Known as a no-travel order, this legal directive helps ensure that your child cannot be taken outside a designated jurisdiction—a city, state, or country—without your explicit consent or a court’s permission. You will need to present evidence demonstrating concern that your ex may attempt to remove your child from the country. This is crucial if your ex has connections to another country. This includes family ties, dual citizenship, or even employment opportunities abroad.

2. Request the Seizure of Your Child’s Passport 

If you suspect your ex of international parental child abduction, request the court to order the seizure of your child’s passport. Your ex could not take your child across international borders without a valid passport. In addition to seeking a court order, you should notify the U.S. Department of State and request that your child be enrolled in the Children’s Passport Issuance Alert Program. This program is designed to help prevent international abductions by alerting you if anyone attempts to apply for a passport for your child. If a passport application is submitted, you will be immediately notified, allowing you to take swift legal action.

3. File for Sole Allocation or Specific Travel Restrictions 

Pursuing sole allocation of parental responsibilities or adding specific travel restrictions to an existing parenting plan can help prevent your ex from taking your child out of the country. Sole allocation allows one parent to decide about the child’s welfare, such as education, healthcare, and living arrangements. It’s important to note that sole allocation doesn’t exclude the other parent from the child’s life but centralizes decision-making with one parent.

It’s also crucial to understand that the Hague Convention does not affect or influence decisions regarding the allocation of parental responsibilities. The Hague Convention does not focus on the underlying merits of a custody dispute. Rather, it aims to help secure the prompt return of children wrongfully removed to or retained in another country. The Convention distinguishes between remedies available to protect “rights of custody” and “rights of access.”

Consider requesting travel restrictions in your parenting plan to further solidify your protections. These could include:

  • Requiring both parents’ written consent for international travel.
  • Mandating that your child’s passport be returned to the court after each trip.
  • Appointing a neutral third party to hold the passport when not in use.

What If My Ex Has Already Taken My Child Out of the Country?

If your ex has taken your child out of the country without your consent, time is of the essence. Under the Hague Convention, you can initiate a legal process to demand the immediate return of your child. This process can be initiated if:

  • The child was wrongfully removed or retained in a country signatory to the Hague Convention.
  • The child is under the age of 16.
  • The child was a habitual resident of the country they were taken from.

If the country is a Hague Convention signatory, we can help you file for your child’s return. However, if the country is not a signatory, the legal process becomes more complex, and international diplomacy and local laws will play a significant role in securing your child’s return. Working alongside a Hague Convention attorney can help you navigate this process.

Understanding Exceptions To Immediate Return

The Hague Convention provides a framework for the return of wrongfully removed or retained children. However, there are specific exceptions to the immediate return of a child:

  • Grave Risk: The court may refuse to return the child if there is evidence that the return would endanger the child’s health or safety. This can include situations where the child might face abuse, neglect, or severe emotional distress. Evidence of such risks must be substantial and specific to the circumstances of the case.
  • Passage of One Year: If more than a year has elapsed, and the child is well-settled in their new environment, the court may decide that returning the child is not in their best interest. The court assesses whether the child has adapted to their new surroundings and whether a return would disrupt their stability.
  • Petitioner Not Exercising Custodial Rights: If the petitioner has not been actively fulfilling their custodial responsibilities or has not sought to exercise their rights in the country of habitual residence, the court may consider this in its decision. The focus is on whether the petitioner’s actions align with the parental responsibilities and rights defined by custody arrangements. 

How Masters Law Group Can Help

At Masters Law Group, we understand the emotional and legal complexities of parental child abduction cases. Partners Erin E. Masters and Anthony G. Joseph work tirelessly to reunite families and protect children’s best. Here are some ways we can help:

  • Legal Advice: Child abduction attorneys have experience in family law and parental child abduction cases. They understand the complexities of these situations and can guide your rights and options. 
  • Court Representation: In cases of parental child abduction, our attorneys can secure emergency orders, such as orders of protection and parenting time modifications, to help protect your child.
  • International Support: We work with authorities to prevent international parental child abductions and help ensure your child’s safe return.
  • Hague Convention: If your child has been wrongfully taken to another country, we can help you facilitate your child’s return to your home country.

Final Thoughts

The fear of your ex taking your child can be overwhelming, but legal protections are in place to prevent this. Our dedicated team at Masters Law Group will help guide you through the process and help ensure your child’s safety. To demonstrate our competence, see our featured Hague Convention case decisions here.

Contact us today to schedule your complimentary consultation.

Disclaimer: The content of this blog is intended for informational purposes only and should not be considered as legal advice. While the attorneys at Masters Law Group are fully qualified to handle your legal matters, every situation is unique, and legal advice should be tailored to the specific circumstances of your case. We encourage you to consult with one of our experienced attorneys for personalized legal guidance. Reading this blog does not establish an attorney-client relationship. For professional legal assistance, please contact the Hague Convention Attorneys at Masters Law Group directly.

Meet Anthony G. Joseph / Partner at Masters Law Group

At Masters Law Group, we are excited to spotlight our talented team, sharing professional journeys, areas of practice, and personal insights into what drives them to help clients navigate their legal family law challenges.

Today, we proudly introduce Anthony G. Joseph, Partner at Masters Law Group and a highly respected international family law attorney. Concentrating on complex family law matters, including divorce and international child abduction, Anthony is known for his unwavering commitment to achieving favorable outcomes for his clients. His deep experience and client-centered approach have earned him a stellar reputation in family law.

Introducing Anthony G. Joseph of Masters Law Group

At Masters Law Group, Anthony G. Joseph is recognized for his sharp legal insight, tenacity, and compassionate approach. He skillfully guides clients through cross-border family law disputes and complex divorce proceedings. His experience in these areas sets him apart, making him a vital asset to the firm and the families it serves. 

Anthony earned his Bachelor of Arts in Global Economic Relations from the University of the Pacific in Stockton, California. He later obtained his Juris Doctor and a Certificate in Trial Advocacy from The John Marshall Law School in Chicago, Illinois. During law school, Anthony was an active member of the Family Law Society, which allowed him to develop key skills in negotiation, mediation, and litigation. These experiences laid a strong foundation for his future success in family law, equipping him to handle the complex challenges that arise in high-stakes cases.

Anthony was admitted to the Illinois Bar in November 2010. In his career, he found his passion in family law, recognizing the vital role of advocating for the well-being of families and children. His dedication to the field led to his admission to the Federal General Bar and Trial Bar for the United States District Court for the Northern District of Illinois and the Eastern District of Wisconsin. This expanded his ability to represent clients in federal court.

Areas of Experience

Today, Mr. Joseph is a seasoned trial attorney focused exclusively on family law. He particularly emphasizes international child abduction and cross-border custody disputes under the Hague Convention and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). His practice encompasses a wide range of legal matters, including:

  • Divorce and Legal Separation: Anthony G. Joseph is a skilled divorce attorney who helps clients navigate the complexities of divorce, from asset division to post-divorce disputes.
  • Parental Responsibilities Support: Anthony’s core work is protecting the child’s best interests. He is experienced in handling child custody cases (parental responsibilities) involving relocation and international issues.
  • Hague Convention Cases: Anthony has built a strong reputation for his work on Hague Convention cases, representing parents involved in international child abduction disputes. Understanding international treaties and family law makes him a go-to attorney for these highly sensitive and intricate cases.
  • Post-Decree Modifications: Anthony assists clients with modifications to divorce or separation, helping ensure that changes in circumstances are addressed and updated accordingly.

Anthony’s deep knowledge of these areas and his ability to empathize with his clients help ensure that every case is handled carefully and precisely. He aims to help families reach resolutions in their best interests while minimizing litigation’s emotional toll.

A Client-Centered Approach to Family Law

Anthony’s approach to family law is defined by his dedication to clients. He understands that every case is unique and requires a tailored approach. He takes the time to listen to his clients, understand their goals, and provide them with clear, honest legal advice. This compassionate approach helps clients feel supported throughout the legal process.

At the same time, Anthony is a fierce advocate in the courtroom. He has a proven track record of success in litigation, particularly divorce cases, international custody disputes, and complex asset division. Anthony believes in empowering his clients with knowledge. He helps clients understand their legal rights and options, allowing them to make informed decisions about their future. This educational approach is one of the many reasons clients feel confident and secure when working with Anthony.

Notable Cases and Achievements

Anthony G. Joseph’s extensive experience with Hague Convention cases has established him as a highly regarded attorney in international family law. He has a deep understanding of international law and is committed to protecting the rights of parents and children. His strategic thinking and thorough understanding of U.S. and international family law played crucial roles in this case’s successful resolution. 

In addition to his legal victories, Anthony has received numerous accolades for his work in family law. He has received distinctions such as an “A.V.” Preeminent Rating from Martindale-Hubbell Peer Review, the highest peer review rating available. He has also been named a “Rising Star” by Illinois Super Lawyers for his exceptional work.

Most recently, Anthony was honored as a New Fellow of the International Academy of Family Lawyers (IAFL), a prestigious global organization of legal professionals recognized as family law specialists by their peers. This recognition further solidified his reputation as a top attorney in international family law. 

Client Testimonials

We encourage you to read some of our recent client reviews on their first-hand experience with Mr. Joseph below:

Masters Law Group takes its time on how to approach your case. They are very responsive and will listen to any and all concerns. Anthony is great to work with! –M.C.

Anthony was wonderful to work with. He was straightforward, relentless & professional. –D.E

Anthony is a real straight shooter and does not mince words, which I absolutely appreciate in this miserable process. They go above and beyond for you and your children and for what is right. Masters Law Group never gave up the fight, and for that I will forever be grateful. –A.B

Thank you to Masters Law Group for success in my divorce and custody case. Anthony specifically worked on my case and ensured that my rights were protected and the allocations [were] fair. – M.R

I was very overwhelmed and worried about what the future would bring, but Anthony and his team made me feel heard and valued. Every interaction was filled with genuine empathy and kindness. I couldn’t have asked for better guidance, support, and a wealth of knowledge. Highly recommend! – M.E.

I highly recommend Anthony Joseph and Masters Law Group LLC. Anthony showed compassion and professionalism. Our Hague Convention case didn’t even reach the courts, thanks to Anthony’s phenomenal advice and knowledge. I will highly recommend him for family matters and Hague Convention cases. –J.D

Anthony is an incredible lawyer who not only makes you feel super safe but has your back the whole time and will be there for you each step of the way during such a difficult process. He’s heartfelt and loyal and I would recommend his services to anyone who wants the best attorney on their side! –V.P

Masters Law Group was able to find a solution to my problem when other lawyers could not. Great communications from the staff at Masters Law Group as well as from Mr. Anthony Joseph. I’ve learned that family law can be a challenge to many, including myself, but I know I can rely on the lawyers from this legal firm if I need to again. –C.R

Commitment to the Community Best Chicago Divorce Attorney 2024

Anthony G. Joseph is deeply committed to giving back to the community outside the courtroom. He represents individuals and families who may not otherwise have access to quality legal services. His dedication to helping others extends beyond his professional obligations, reflecting his belief in using his skills to make a positive impact.

Anthony is also actively involved in continuing legal education, often speaking at conferences and seminars on family law, international custody disputes, and the Hague Convention. He is passionate about staying at the forefront of legal developments in his field. This helps ensure he is always prepared to provide his clients with the most up-to-date and effective legal strategies.

Connect With Anthony G. Joseph

Clients who choose Anthony G. Joseph as their family law attorney can expect dedicated, personalized legal representation. He is known for his ability to handle cases with professionalism and compassion. Whether navigating the challenges of divorce or addressing the legal complexities of international child abduction, Anthony brings experience and a commitment to achieving the best possible outcome.

At Masters Law Group, Anthony works alongside a team of skilled attorneys who share his dedication to providing exceptional legal services. Together, they offer clients legal support in all areas of family law, helping ensure their needs are met at every stage of the legal process.

In the meantime, if you want to learn more about Anthony or schedule a consultation, please visit our website at Masters Law Group.

Masters Law Group Hague Convention Case Review: The District of Iowa / Mexico

International parental abduction is a complex and emotionally charged issue that affects families worldwide. 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 succeeded in a landmark ruling in favor of our client.

In this case, which concluded on August 27, 2024, the respondent—represented by Masters Law Group—sought the return of her child, who had been taken from the United States. The Hague Convention helps protect children from international 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.

Legal Framework and Key Issues

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) is designed to protect children from international abduction by helping ensure their prompt return to their habitual residence. To succeed in a petition under the Convention, the petitioner must establish that the child was wrongfully removed from their habitual residence and that the removal violated custody rights under the law of the habitual residence country. In this case, the key issues revolved around determining the child’s habitual residence, whether the petitioner had consented to the child’s removal, and whether returning the child to Mexico would pose a grave risk to their safety.

For the reasons stated below, the Court ACCEPTS and ADOPTS the Report and Recommendation. The Amended Petition is DENIED. [ECF No. 5].

Case Overview

The parties’ relationship began in 2015, and they have since lived in various states in the U.S. before relocating to Mexico in 2023. In November 2023, the respondent took the child back to the United States, citing concerns for their safety, and sought a protective order against the petitioner. The order, granted by an Iowa state court, effectively barred the petitioner from contact with the respondent and their child, E.L.S., until November 2024, requiring the child to remain in Iowa. This led to the petitioner filing under the Hague Convention, claiming that the child was wrongfully removed from Mexico, the country of habitual residence.

Case Background

The court found that the child’s habitual residence was in the United States, not Mexico. Although the family had lived in Mexico briefly, the court determined that the child had not fully acclimated to life there. Factors such as the child’s young age, the short duration of residence in Mexico, and the family’s strong ties to the United States played a crucial role in this determination. The court concluded that the child was more “at home” in the United States, where she had spent most of her life.

The court examined whether the petitioner had consented to the child’s retention in the United States. The protective order issued by the Iowa state court, to which the petitioner had consented, included a provision that the child was to remain in Iowa until further orders. The court interpreted this consent as a concession to the child’s retention in the United States.

The respondent argued that returning the child to Mexico would expose her to a grave risk of physical or psychological harm due to the domestic violence she had experienced from the petitioner. The court found sufficient evidence of such a risk, considering the documented history of violence between the parties. The court concluded that returning the child to Mexico would indeed place her in an intolerable situation.

Case Results

After reviewing the evidence and legal arguments, the court accepted and adopted the Report and Recommendation. The court ruled that the petitioner had not proven that Mexico was the child’s habitual residence and that the child was wrongfully removed. Additionally, the defenses of acquiescence and grave risk were sufficiently established. As a result, the court denied the Amended Petition for the Return of the Child to Mexico.

The case is hereby closed.

Date: August 27, 2024.

READ THE FULL CASE REVIEW HERE.

Hague Convention Law With Masters Law Group

Erin Masters and Anthony Joseph have vast knowledge and experience with the Hague Convention, which was enacted through the International Child Abduction Remedies Act (“ICARA”). Parents whose child has been wrongfully removed from or retained in the United States must petition for the child’s return.

If you are facing child abduction proceedings under the Hague Convention, Masters Law Group can help. Contact us today to schedule a consultation.

Check out our featured Hague Decisions here.

Hague Convention Attorney: Helping Families Across the Globe

International parental disputes can pose significant legal challenges in today’s interconnected world. With 91 U.S. Hague Convention Treaty Partners in 2024, it protects children and their parents from the harmful effects of wrongful international abductions.

If you are facing the possibility of international parental child abduction or have urgent questions, this guide will help you understand how a Hague Convention attorney can assist you. Here’s what you need to know.

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).

The original Hague Conventions of 1899 and 1907 were large international treaties that set rules for countries to follow during war. Since then, more Hague conventions have occurred, and the Hague Conference on Private International Law (HCCH) was created to establish and support international laws.

Different countries have signed and agreed to each part of the Hague Conventions, so there isn’t a single list of countries that are part of all of them. However, as of March 2022, the HCCH includes 91 permanent members: 90 countries (most of which are also United Nations members) and the European Union. To date, the United States partners with 68 other countries under the Hague Abduction Convention. The full list is available at the bottom of the page.

There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to help ensure that judicial and extrajudicial documents are brought to the addressee’s attention in sufficient time.
  • Help improve the organization of mutual judicial assistance.

HOW DOES THE HAGUE CONVENTION WORK?

Understanding the Hague Convention is crucial for families facing international parental disputes. This international treaty helps resolve cases where a child is wrongfully taken or kept in another country. In 2023, the Hague Convention successfully returned children in about 39% of cases  (2,180 applications to have a child (or children) returned under the Convention). Understanding this process can help protect your rights and help ensure that your child’s well-being is prioritized.

If your child is taken to another country without your permission, the Hague Convention provides a process to seek their return. Here’s how it works:

  1. File a Petition: Contact the central authority in your country to file a petition under the Hague Convention. They will guide you through the process.
  2. Legal Proceedings: The Central Authority contacts its counterpart in the country where the child is located, and legal proceedings are initiated.
  3. Court Hearing: A court in the country where the child is found will determine if the child was wrongfully removed or retained.
  4. Return Process: If the court finds that the removal was wrongful, it will order the child’s return to their country of habitual residence.

EXCEPTIONS TO IMMEDIATE RETURN

The Hague Convention provides a framework for the return of wrongfully removed or retained children. However, there are specific exceptions to the immediate return of a child, aimed at addressing various circumstances where returning the child might not be in their best interest. Here are the key exceptions:

  • Grave Risk: The court may refuse to return the child if there is evidence that the return would endanger the child’s health or safety. This can include situations where the child might face abuse, neglect, or severe emotional distress. Evidence of such risks must be substantial and specific to the circumstances of the case.
  • Passage of One Year: If more than a year has elapsed since the wrongful removal or retention, and the child is well-settled in their new environment, the court may decide that returning the child is not in their best interest. The court assesses whether the child has adapted to their new surroundings and whether a return would disrupt their stability.
  • Petitioner Not Exercising Custodial Rights: If the petitioner has not been actively fulfilling their custodial responsibilities or has not sought to exercise their rights in the country of habitual residence, the court may consider this in its decision. The focus is on whether the petitioner’s actions align with the parental responsibilities and rights defined by custody arrangements. 

WHAT FAMILIES SHOULD KNOW

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

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

WORKING WITH A HAGUE CONVENTION ATTORNEY

Working with a Hague Convention attorney can greatly improve your chances of resolving a parental dispute efficiently and effectively. They can help you navigate the legal process and advocate for your rights and interests. One major advantage of working with the Hague Convention attorneys at Masters Law Group is their experience in mediation and negotiation. Their experience can help resolve disputes without going to court by encouraging constructive discussions and finding agreeable solutions.

At Masters Law Group, we understand the complexities of international parenting disputes and the importance of finding solutions. We prioritize clear communication with our clients to address your concerns and keep you informed throughout the legal process.

FINAL THOUGHTS

Understanding the Hague Convention and its implications is vital for U.S. families dealing with international child abduction cases. Erin Masters and Anthony Joseph have extensive knowledge in handling cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. Let our Hague Convention attorneys help you navigate international child abduction cases with confidence and care.

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

Contact us today to schedule your complimentary consultation.

HAGUE CONVENTION COUNTRIES

Below you will find an overview of all the countries that have signed the Hague Convention. Here you can find whether the Hague Convention applies between two other countries.

Country Convention State Date
Afghanistan No
Albania Yes 01-10-2007
Algeria No
Andorra Yes 01-10-2015
Angola No
Antigua and Barbuda No
Argentina Yes 01-06-1991
Armenia Yes 01-04-2016
Aruba No
Australia Yes 01-09-1990
Austria Yes 01-09-1990
Azerbaijan No
Bahamas Yes 01-02-1994
Bahrain No
Bangladesh No
Barbados No
Belarus Yes 01-05-1995
Belgium Yes 01-05-1999
Belize Yes 01-09-1990
Benin No
Bhutan No
Bolivia Yes 13-07-2016
Bosnia and Herzegovina Yes 23-08-1993
Botswana No
Brazil Yes 01-04-2002
Brunei No
Bulgaria Yes 01-02-2004
Burkina Faso Yes 01-09-1992
Burundi No
Cambodia No
Cameroon No
Canada Yes 01-09-1990
Cape Verde No
Central African Republic No
Chad No
Chile Yes 01-07-1994
China (see Hong Kong or Macao) No
Colombia Yes 01-09-1998
Comoros No
Costa Rica Yes 01-04-2002
Croatia Yes 05-04-1993
Cuba No
Curaçao Yes 01-02-2024
Cyprus Yes 01-03-1995
Czech Republic Yes 01-03-1998
Democratic Republic of Congo No
Denmark Yes 01-07-1991
Djibouti No
Dominica No
Dominican Republic Yes 01-01-2005
East Timor No
Ecuador Yes 01-05-1992
Egypt No
El Salvador Yes 01-04-2002
Equatorial Guinea No
Eritrea No
Estonia Yes 01-04-2002
Ethiopia No
Fiji Yes 01-04-2003
Finland Yes 01-08-1994
France (including overseas territory) Yes 01-09-1990
Gabon Yes 01-04-2011
Gambia No
Georgia Yes 01-11-1997
Germany Yes 01-12-1990
Ghana No
Greece Yes 01-06-1993
Grenada No
Guatemala Yes 01-05-2002
Guinea-Bissau No
Guinea Yes 01-07-2012
Guyana No
Haiti No
Honduras Yes 01-06-1994
Hong Kong (China) Yes 01-09-1997
Hungary Yes 01-09-1990
Iceland Yes 01-12-1996
India No
Indonesia No
Iran No
Iraq No
Ireland Yes 01-10-1991
Israel Yes 01-12-1991
Italy Yes 01-05-1995
Ivory Coast No
Jamaica Yes 24-02-2017
Japan Yes 01-04-2014
Jordan No
Kazakhstan Yes 01-11-2014
Kenya No
Kiribati No
Kosovo No
Kuwait No
Kyrgyzstan No
Laos No
Latvia Yes 01-04-2002
Lebanon No
Lesotho Yes 01-12-2012
Liberia No
Libya No
Liechtenstein No
Lithuania Yes 01-10-2004
Luxembourg Yes 01-09-1990
Macau (China) Yes 01-03-1999
Madagascar No
Malawi No
Malaysia No
Maldives No
Mali No
Malta Yes 01-04-2002
Marshall Islands No
Mauritania No
Mauritius Yes 01-08-1993
Mexico Yes 01-10-1991
Micronesia No
Moldova Yes 01-04-2002
Monaco Yes 01-03-1993
Mongolia No
Montenegro Yes 30-06-2006
Morocco Yes 01-06-2010
Mozambique No
Myanmar (Burma) No
Namibia No
Nauru No
Nepal No
New Zealand Yes 01-09-1991
Nicaragua No
Niger No
Nigeria No
North Korea No
North Macedonia Yes 02-09-1993
Norway Yes 01-09-1990
Oman No
Pakistan No
Palau No
Palestinian Territories No
Panama Yes 01-06-1994
Papua New Guinea No
Paraguay Yes 01-04-2002
Peru Yes 01-05-2002
Philippines Yes 01-03-2023
Poland Yes 01-11-1992
Portugal Yes 01-09-1990
Puerto Rico No
Qatar No
Republic of Congo No
Romania Yes 01-03-1993
Russia Yes 01-04-2016
Rwanda No
Saint Kitts and Nevis Yes 01-10-1994
Saint Lucia No
Saint Martin (Dutch part) No
Saint Martin (French part) Yes 01-09-1990
Saint Vincent and the Grenadines No
Samoa No
San Marino Yes 01-04-2018
Sao Tome and Principe No
Saudi Arabia No
Senegal No
Serbia Yes 26-04-2001
Seychelles Yes 01-04-2016
Sierra Leone No
Singapore Yes 01-10-2015
Slovakia Yes 01-02-2001
Slovenia Yes 01-07-1994
Solomon Islands No
Somalia No
South Africa Yes 01-11-1997
South Korea Yes 01-04-2017
Spain Yes 01-09-1990
Sri Lanka Yes 01-04-2002
Sudan No
Suriname No
Swaziland No
Sweden Yes 01-09-1990
Switzerland Yes 01-09-1990
Syria No
Tadjikistan No
Tanzania No
Thailand Yes 01-12-2002
Togo No
Tonga No
Trinidad and Tobago Yes 01-06-2002
Tunisia Yes 01-03-2023
Turkey Yes 01-08-2000
Turkmenistan Yes 01-05-1998
Tuvalu No
Uganda No
Ukraine Yes 01-02-2007
United Arab Emirates No
United Kingdom Yes 01-09-1990
United States Yes 01-09-1990
Uruguay Yes 01-01-2002
Uzbekistan Yes 01-04-2002
Vanuatu No
Vatican No
Venezuela Yes 01-01-1997
Vietnam No
Yemen No
Zambia No
Zimbabwe Yes 01-11-1995

The Hague Convention: A Tool for Parental Child Abduction

Picture the distress of discovering that your child has been whisked away to a foreign country without your permission. This heartbreaking situation has become a stark reality for numerous parents worldwide. Thankfully, the Hague Convention offers a beacon of hope, providing a structured legal pathway for the return of abducted children to their rightful homes.

The Hague Convention is a powerful tool designed to combat the devastating issue of cross-border child abduction. This international treaty provides a legal framework that facilitates the swift return of children. In this blog, we will explore the workings of The Hague Convention and examine its role in reuniting families. Here’s what you need to know to find the path to bringing your child back home.

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”). It provides that a parent whose child has been wrongfully removed from the U.S. can petition for the child’s return to their country of habitual residence. Despite efforts to prevent such occurrences, the U.S. State Department estimates that between 600 and 800 American children are abducted annually.

Families need to understand the importance of the Hague Convention when they find themselves in international disputes. Here are some tips to follow if you find yourself in this situation:

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

Dealing with international disputes can be emotionally demanding, so preparing for the challenges is essential. Working with a Hague Convention attorney can provide valuable support. Let’s examine how the Hague Convention can help during a parental child abduction case.

Understanding Parental Child Abduction & The Hague Convention

Parental child abduction across international borders is a deeply troubling issue that affects families. This situation carries significant emotional, psychological, and legal consequences. According to Travel.State.Gov, international parental child abduction involves the wrongful removal or retention of a child outside their habitual country of residence, violating the custody rights of another parent or guardian. The Office of Children’s Issues within the U.S. Department of State plays a pivotal role in preventing international parental child abduction, whether from or to the United States. It actively supports families involved in abduction cases and upholds the principles outlined in the Hague Convention.

Getting Hague Convention Legal Assistance

Parents involved in international child abduction cases should seek the assistance of an attorney experienced in the Hague Convention. These attorneys possess the knowledge and experience to guide parents through the legal process and protect their rights.

If you have concerns about the abduction of your child, you should take appropriate proactive measures to protect their well-being. An experienced Hague Convention lawyer can help and may recommend several preventative measures, such as:

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

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

Working With a Hague Attorney

Masters Law Group focuses on cases involving international parental child abduction under the Hague Convention. As experienced Hague attorneys, they provide valuable assistance to parents navigating complex international legal landscapes. Choosing Masters Law Group means entrusting your case to dedicated professionals who protect your child’s rights and help secure their safe return. Our Hague Convention attorneys can help you understand your rights so that you can make the best possible decisions for your family. Here’s how we can help:

  • Knowledge and Experience: Masters Law Group has extensive experience in Hague Convention cases, understanding the nuances of international family law and the procedural requirements under the Convention.
  • Strategic Counsel: They offer strategic legal counsel tailored to each client’s unique situation, guiding them through the Hague Convention process from initial consultation to resolution.
  • Global Network: With a robust network of international legal contacts, Masters Law Group facilitates efficient communication and collaboration across borders, essential for successful Hague cases.

We will thoroughly investigate the facts of your case. To learn more about your options, contact us to schedule a one-on-one appointment with our experienced Hauge lawyers, Erin E. Masters and Anthony G. Joseph. We will work aggressively to advocate on your behalf.

Final Thoughts

The Hague Convention stands as a beacon of hope for families facing the turmoil of international parental child abduction. 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.

Featured Hague Decisions:

If you or a loved one is facing International Parental Child Abduction, contact us today to schedule a consultation.

Parental Child Abduction: Where to Turn for Help

Parental child abduction is a heart-wrenching ordeal that can leave the left-behind parent feeling helpless and distraught. This situation occurs when one parent unlawfully takes or keeps a child away from the other parent. 

Every family dynamic is unique, making each parental abduction case complex. Despite these complexities, there are essential steps to follow that can help reunite families and bring abducted children home safely. Actions such as contacting law enforcement, notifying the courts, and working with a child abduction attorney can help lay the foundation for a coordinated response. Here’s what you need to know.

Understanding Parental Child Abduction

Parental child abduction occurs when one parent unlawfully takes their child from the other parent, often without legal authorization or against the court’s custody order. This act can lead to serious legal repercussions for the abducting parent. It’s crucial to recognize that parental child abduction constitutes a violation of both state and federal laws in many countries. 

There’s a common misconception that parental child abductions are less harmful because the child is with a parent or family member. However, legal systems typically view parental child abduction seriously, imposing consequences such as criminal charges, fines, and imprisonment for the abducting parent. Let’s take a deeper look at some risks to be aware of to help prevent parental child abduction.

Knowing The Risks

There are certain traits and characteristics of offending parents that make it easier to spot if they are capable of child abduction. 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 more aware of. Here are some examples below:

  • Parents who have threatened to abduct their children and have done so before pose a significant risk.
  • Parents who believe their children are being abused and have a support group that shares this belief are more likely to abduct.
  • Parents with paranoia or sociopathic tendencies may be at higher risk of abducting their children.
  • Parents with strong ties and family support in another country might consider abduction as a viable option.
  • Parents who are frustrated with the United States legal system and have supportive family and friends are also at risk of abducting their children.

When a child is abducted, the consequences can be severe for both the child and the left-behind parent. It is crucial to act swiftly and decisively to help ensure the child’s safe return. By recognizing these signs, you can be better prepared to help prevent the unimaginable from happening.

Immediate Steps to Take

Federal law prohibits law enforcement from establishing a waiting period before accepting a missing child report. It requires law enforcement agencies to respond in a specific way, regardless of why a child is missing. If you suspect or confirm that your child has been abducted by their other parent, taking immediate action is vital. Here are some steps to follow:

  1. Contact Law Enforcement: Report the abduction to your local police department. Provide them with all relevant information, including custody orders, recent photos of the child, and details about the abductor.
  2. Notify the Courts: Inform the family court that issued the custody order about the abduction. They can issue emergency orders and work with law enforcement to locate your child.
  3. Reach Out to the National Center for Missing & Exploited Children (NCMEC): NCMEC provides resources and assistance in locating missing children and can work with law enforcement agencies on your behalf.
  4. Contact the U.S. Department of State (for International Cases): If you believe your child has been taken abroad, the Office of Children’s Issues can provide support and guidance on international child abduction cases.

By collaboratively taking these measures, we can collectively contribute to helping protect the safety and well-being of all children. Additionally, seeking guidance from a child abduction attorney with Hague Convention case experience can help navigate such challenging situations.

How a Child Abduction Attorney Can Help

Navigating the legal complexities of parental child abduction requires adept guidance. When you partner with an experienced child abduction attorney, such as those at Masters Law Group, you gain the support needed to advocate for your family’s best interests. Here are some of the ways they can help:

  1. Legal Experience: Child abduction attorneys have immense experience in family law and have in-depth knowledge of both state and federal laws governing parental responsibilities and child abduction. They can help you understand your rights and the legal remedies available.
  2. Emergency Court Orders: A child abduction attorney can swiftly file emergency motions to secure the return of your child, including requesting the issuance of a warrant for the abductor’s arrest if necessary.
  3. Coordination with Authorities: Your child abduction attorney can work closely with law enforcement agencies, NCMEC, and international authorities to help expedite the process. Their experience in dealing with such agencies can significantly enhance the efficiency and effectiveness of these efforts.
  4. Interstate and International Cases: Child abduction cases that cross international borders involve additional legal hurdles. Attorneys with experience in the Hague Convention on the Civil Aspects of International Child Abduction can help navigate these complexities on your behalf.
  5. Negotiation and Mediation: In some cases, negotiation or mediation with the abducting parent may be necessary to resolve the situation amicably. A skilled child abduction attorney can represent your interests and work towards a resolution prioritizing the child’s well-being.

Final Thoughts

Parental child abduction is a distressing experience, but knowing where to turn for help and having a knowledgeable child abduction attorney by your side can make a significant difference. At Masters Law Group, our team of knowledgeable attorneys is here to help you through this process. 

Erin Masters and Anthony Joseph have extensive experience in cases involving international parental disputes in courts located in the State of Illinois and the United States federal court system. If you find yourself in this unfortunate situation, don’t hesitate to reach out. Our attorneys can help guide you through the process and work towards a swift and safe resolution. 

See our Featured Hague Decisions here:

Contact us today to set up your complimentary consultation.

Hague Convention Attorneys in Action

At Masters Law Group, our Hague Convention attorneys have extensive experience handling complex international disputes.

Navigating international family law can be complex and challenging, especially when it comes to child abduction disputes. The Hague Convention on the Civil Aspects of International Child Abduction, aka the Hague Convention, is an international treaty that protects children from parental abduction across international borders. This blog will highlight rulings demonstrating the Convention’s effectiveness in resolving cross-border disputes.

Join us as we explore the legal framework, showing how it translates into real-world victories and how our Hague Convention attorneys can assist you. Here’s what you need to know.

UNDERSTANDING 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”). It provides that a parent whose child has been wrongfully removed from the U.S. can petition for the child’s return to their country of habitual residence. Each country appoints central authorities to help resolve these disputes. As of 2024, there are 91 countries involved in the Hague Convention.

Families need to understand the importance of the Hague Convention when they find themselves involved in international disputes. Here are some tips to follow if you find yourself in this situation:

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

Dealing with international disputes can be emotionally demanding, so preparing for the challenges is essential. Working with a Hague Convention attorney can provide valuable support. Now, let’s explore some recent Hague Convention cases to see how these principles are applied in real-world situations.

CASE 1: DISTRICT OF COLORADO / COLOMBIA: AGUIRRE

In our most recent case that concluded on February 20, 2024, the husband – represented by Masters Law Group –  filed a petition to return his two children. His children were taken from his residence in Colombia to the United States by their mother. The parties were married in the United States in 2012 and lived together in Colombia. 

The Respondent took the children to the U.S. for a family reunion but faced delays in their passport renewal. 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.

This Act allows 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. The court would later find 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.

CASE 2: EASTERN DISTRICT OF WISCONSIN / MEXICO: HINNENDAEL

In the Eastern District of Wisconsin / Mexico, Hinnendael, the father of the children (Petitioner), sought to relocate his children back to the United States from Mexico against the other parent’s wishes.

The court found that returning the children would subject them to a grave risk of psychological harm or otherwise place them in an intolerable situation. Accordingly, the retention of children in the United States was not wrongful within the meaning of the Convention. The petition was denied, and this action was dismissed.

By invoking the Hague Convention, our attorneys successfully advocated for the children. This case helps highlight the effectiveness of the Hague Law in resolving child abduction cases and prioritizing the children’s welfare.

CASE 3: NORTHERN DISTRICT OF ILLINOIS / NEW ZEALAND: H.O.

In the Northern District of Illinois / New Zealand, Ho, the husband – represented by our firm –  filed a petition for the return of his child. The child 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 their country of habitual residence.

By agreement of the parties and as required by the Convention, the court concludes that the child was a habitual resident of New Zealand at the time of the wrongful retention in the United States. The Petitioner exercised parental responsibility rights under New Zealand law, and this case did not establish the “grave risk” exception.

The court granted the petition for the child’s return to New Zealand and allowed an approximate one-week period to avoid any abrupt transition for the child. This case demonstrated the Hague Law’s role in helping ensure fairness, predictability, and respect for due process in international child abduction cases.

CASE 4:NORTHERN DISTRICT OF ILLINOIS / LITHUANIA: SULCAITE

In the Northern District of Illinois / Lithuania, Sulcaite Masters Law Group helped resolve the wrongful removal of children. The courts considered the parents’ last shared intent to their child’s country of residence.

The Respondent and the Petitioner agreed that their children would reside in Chicago temporarily. After three years, they were to return to Lithuania, their country of origin.

However, as time passed, the children became acclimated to their new life in the United States. Their mother’s remarriage and new baby created a strong family bond, and Chicago gradually became their familiar home. Considering these factors, the court denied the Petitioner for the children’s return. The decision reflected a recognition of the children’s well-being and stability, prioritizing their best interests.

This case showcases the effective advocacy of our Hague Convention attorneys in navigating complex international disputes. The legal team successfully obtained a favorable outcome for the parties involved by presenting compelling evidence.

CASE 5: NORTHERN DISTRICT OF CALIFORNIA / CYPRUS: EFTHYMIOU V. LABONTE

In the Northern District of California / Cyprus, the husband – represented by Masters Law Group –  filed a petition to return his child, who was taken from Cyprus to the United States by his wife – the child’s mother. The child’s father (Petitioner) had full parental rights to the child since his parents’ separation in 2014. The minor came to the United States for a six-week visit with his mother (Respondent) in California. At the end of the visit, the Petitioner came to collect his son but was unsuccessful.

Nearly one week after the scheduled meet-up went awry, the child’s father filed a Hague Convention plea. The court granted the petition and ordered the child to return to Cyprus in the custody of his father. In addition, the court did not impose a longer stay without agreement from both sides. The court ultimately ordered the return of a child under an action under U.S.C.S.C. § 9003.

These cases showcase our commitment to navigating international child abduction disputes and achieving favorable outcomes for our clients.

WORK WITH OUR HAGUE CONVENTION ATTORNEYS

The Hague Convention continues to play a pivotal role in reuniting families affected by parental child abduction. At Masters Law Group, we understand the complexities of international child abduction disputes and the importance of finding a resolution that aligns with your objectives.

Our Hague Convention attorneys will tirelessly advocate for your interests and work towards a favorable outcome. We prioritize open communication with our clients and strive to provide personalized attention to address your concerns.

To learn more about how we can help you, schedule your complimentary consultation today.

Understanding International Parental Child Abduction on Missing Children’s Day

May 25th, 2024, is National Missing Children’s Day, a reminder of the importance of child safety and the prevention of child abductions. For parents, guardians, and all those invested in the safety of children, vigilance is vital. 

Despite concerted efforts, parental child abductions persist, with international cases posing particularly daunting challenges. Shockingly, family abductions alone make up 49 percent of all child abduction cases, underscoring the gravity of the issue. The heartache endured by both the abducted child and the left-behind parent is truly unimaginable.

In this blog, we will explore the complexities of international parental child abduction, providing you with essential knowledge and resources should you ever confront this distressing scenario. Here’s what you need to know.

National Missing Children’s Day

National Missing Children’s Day is a solemn occasion emphasizing ongoing efforts to protect and defend children nationwide. This day, established by President Ronald Reagan on May 25, 1983, pays tribute to the brave endeavors of various agencies, organizations, and individuals dedicated to protecting children’s safety.

The origin of National Missing Children’s Day lies in the disappearance of 6-year-old Etan Patz from New York City on May 25, 1979. Etan’s case not only shocked the nation but also catalyzed efforts to address the issue of missing children on a national scale. On this day, we remember him and acknowledge the unwavering dedication of those who tirelessly work to reunite families and protect children.

Let’s turn our attention to a crucial aspect of child safety: understanding the signs of parental child abduction. By identifying these indicators, we can help better protect our children and take proactive steps to prevent such heartbreaking situations.

Knowing The Signs Of Parental Child Abduction

Being able to identify the red flags that signal parental child abduction is crucial when it comes to preventing these tragic scenarios. Family members can often be the perpetrators, as they may believe they know what is best for the child. Young children are particularly vulnerable targets as they may not know how to seek help or alert others if their parent takes them.

It is essential to be mindful of warning signs and factors that may increase the likelihood of parental child abduction, including:

  1. Threats and Previous Incidents: Any previous threats of seriously hiding your child are critical, as these behaviors can escalate to abduction.
  2. Weak Ties to Current Location: Parents with limited connections to their current community, unstable employment, or distant family may feel more inclined to relocate with the child.
  3. Strong Affiliation with Another Country: Keep an eye on parents with strong emotional or familial ties to another country, especially if they have lived there previously or frequently express a desire to return.
  4. Recent Unexplained Changes in Behavior: Sudden and unexplained actions like quitting a job, selling property, closing bank accounts, or applying for passports or visas should raise concerns, as they could indicate plans for abduction.
  5. History of Relationship Struggles or Domestic Violence: In some cases, parents who perceive themselves as wronged in the relationship may resort to abduction as a means of retaliation.

By recognizing these red flags, we can take proactive steps to help protect our children and prevent the devastating consequences of parental child abduction.

How To Keep Children Safe

Helping secure the safety of our children involves proactive steps and swift action when needed. Establishing clear parental responsibilities and visitation plans is crucial. Reporting a parenting dispute to appropriate authorities, such as local law enforcement or a state judicial officer, is vital for accountability and expedited resolution.

There are also great aids available besides the local authorities. Reaching out to resources like the Department of State’s Office of Children’s Issues and the National Center for Missing and Exploited Children (NCMEC) can provide support. NCMEC collaborates closely with government agencies and administers programs like the Victim Reunification Travel Program.

To further help mitigate the risk of parental child abduction or enhance the chances of recovering a missing child, consider the following gathering the following:

  • Up-to-date pictures of your child.
  • Fingerprints of your child.
  • 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.

By collaboratively taking these measures, we can collectively contribute to helping safeguard the safety and well-being of all children. Additionally, seeking guidance from a seasoned child abduction attorney with Hague Convention case experience can help navigate such challenging situations.

How The Hague Convention Can Help

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

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

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

How Does The Hague Convention Work?

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

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

Click here to see the participating countries of the treaty. 

Working With A Child Abduction Attorney

International custody disputes are almost always extremely complex and delicate situations, and you should not attempt to navigate them without the assistance of a knowledgeable and experienced child abduction attorney. A family law attorney well-versed in child abductions can provide crucial assistance in filing Hague Convention applications and help defend against lawsuits under the Convention.

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. We 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.

See our Featured Hague Decisions here:

Last Thoughts

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

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

Contact us here today to learn more.