Prosecuting and Defending International Child Abduction Claims under the Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty that (1) secures the prompt return of children wrongfully removed to or retained in another country, and (2) ensures that rights of custody and of access to children under the laws of one country are respected in another country.
Petitions for the return of a child under the Hague Convention can be very effective. If prosecuted correctly, they frequently result in the return of the child to the child’s country of habitual residence, that is to say, the country where the child resided immediately before that child disappeared. If the non-abducting parent is successful, that parent may also recover all of the costs incurred for prosecuting the case. Careful consideration must be given to the decision on where to file geographically, which court in that location should you file, and what, if any, defenses may be argued against such claims.
The law firm of Myres, Dale & Associates, P.C., has extensive experience prosecuting and defending claims for the return of children brought under the Hague Convention. Our attorneys are also available to provide technical assistance and expert witness services regarding Hague Convention litigation.
What Should You Know about the Hague Convention if Your Child Has Been Abducted?
Every second counts when your child is missing. It is imperative to contact a specialist that can assist you in accomplishing the steps necessary to successfully prosecute a Petition for the Return of a Child Under the Hague Convention. You should immediately prepare a formal Hague Application. The content of the application is important and so are all supporting documents attached to the application. Paying careful attention to the detail in your application may dramatically increase your chances of quickly returning your child to his or her home. You should be assisted by experienced legal counsel both in the child’s country of habitual residence and the country where you child has been taken. The attorneys at Myres, Dale & Associates not only have vast experience representing clients in these matters, both in federal and state courts, they have extensive contacts with law firms in other countries and states where your child may have been taken. We can guide you every step of the way.
Tips:
- Be prepared to email a recent picture of your child to authorities and legal counsel;
- Obtain and scan into your computer, your child’s recent medical and school records;
- Obtain translated copies of any custody orders.
What Should You Know if You have Removed Your Child from His or Her Country of Habitual Residence or Retained Your Child in Another Country?
While limited, there are defenses to requests for the return of children brought under the Hague Convention. Adding to the challenge of defending against such claims is the goal of the Hague Convention, to return children to their countries of habitual residence quickly. There is very little time to prepare your case. Therefore, it is imperative that your legal team is keenly aware of all possible defenses and able to quickly make strategic decisions about your case.
Tips:
- Be prepared to document your child’s age if your child is 16 years of age or older;
- Be prepared to show how long you have had your child in your possession if you have had your child in your possession for more than one year;
- Be prepared to show proof of the existence of any agreement that you have with the child’s other parent to reside with the child in another country;
- Be prepared to document any claims of family violence that involves the child.
Obtain More Information About Hague Actions
The attorneys of Myres, Dale & Associates, P.C., provide legal representation to individuals seeking assistance with cases filed under the Hague cases. We also offer technical assistance on Hague applications to other attorneys.
To schedule a telephone consultation or in-person meeting with one of our lawyers, call toll-free 866.506.1221 or use our online contact form.
