For children (who may be subject to divorce custody order) removed from another country, there are two (2) bodies of law that may apply to obtain their return. The first is the Hague Convention on the Civil Aspect of Child Abduction. Typically, these are countries with Western-type values and legal systems. Where two countries have signed and ratified the treaty, this body of law aids parents in obtaining a return order to return the child(ren)1 to their country of habitual residence. This blog post focuses on divorce and custody order issues by non-Hague countries if the children are brought to the ...
November 1, 2017CD
Many countries are signatories to the Hague Convention on the Civil Aspects of Child Abduction1; and the treaty has been ratified between these countries. When this is the case, a child wrongfully removed from his or her country of habitual residence may be subject to proceedings to return proceedings, generally brought in the country where they have been taken. However, while there are always circumstances relevant to removal, a few constitute legal, affirmative defenses that will allow the judicial or administrative authority to not be bound to order return. These are the focus of this blog and are highly fact sensitive ...
March 8, 2017Adam Hayes
As we move into our economic and monetary future, we increasingly move toward an integrated international economy and lifestyle. No longer is it unusual to become employed by a domestic company, but still have a position which calls for extensive travel, or even living in another country - at least for a period of time. And so follows that many relationships will also become international in one form or another. This sometimes brings about potential complications, particularly in the area of children and child custody. The United States is a signatory country to a treaty known as The Hague Convention on ...
October 4, 2016Adam Hayes
In today’s mobile world with buses, trains, and planes we are able to reach almost anywhere in the world within a day or so, tens of thousands of children are abducted by family members each year. Most western countries have adopted a Hague treaty to address the return of the children from the parental abductor. This blog briefly covers three key points to bring a Hague case for return of a child abducted by his or her parent to the child’s state of habitual residence. Assuming the Hague treaty applies, the parent who is seeking the return of the child ...
September 6, 2016Adam Hayes
Every parent has heard or seen a story about a couple whose child is taken and secreted in another state by the other when troubles develop in the relationship. This has been a problem since the 1960s. In 1968, a uniform act was proposed that would ultimately be adopted in all states in some forms by the early 1980s. This blog post generally summarizes the potential use of the UCCJA. In simple terms, the UCCJA allows a parent who files for divorce or takes action in the state where the child is removed to, to have the courts in both states ...
April 13, 2016Adam Hayes
In the 1960s and 1970s, the trend of one parent taking a child to another state or country was recognized and remedies were implemented. There are over 200,000 parental abductions each year. This blog post summarizes the four legal remedies available for inter-state and international custody disputes where one parent simply leaves with the child. Within the United States, a federal law, the Parental Kidnapping Prevention Act of 1980 helps address the issue within the states. Its policies are aimed at deterring abductions, limiting interstate conflicts of law, and primarily promote or facilitate cooperation between states by resolving jurisdiction conflicts. This ...
April 7, 2016Adam Hayes
Where the is a dispute about a child, from its biological parent to impermissible removal of a child from his or her home to return, there are numerous statutory laws that apply to ensure the child’s best interests are met and/or the proper court hears the matter. This blog is written to summarize those for you to better understand questions you might want to ask your counsel. The Divorce Act. One of the most commonly applicable bodies of law is found under the Indiana Divorce Act statutes. This statute directs that a trial court make a child’s best interest in determining ...
June 2, 2015Adam Hayes
As we become a global economy and airlines link the remotest parts of the world within a day, international child abduction by a parent has become easier, more common, and problem in need of law-making. For this reason, about 25 years ago the Hague Convention on the Civil Aspects of International Child Abduction was proposed, signed by many nations and ultimately ratified (over a long time).1 In the event you are in this situation or concerned about it, the blog is written for you. It highlights the key aspects of international abduction of children by a parent. The first place to ...
March 5, 2015CD
Family and domestic law cases, including divorce and paternity are civil cases. There are no criminal charges, and the case is heard by the bench (judge), not a jury. In some Indiana counties, there are separate civil and criminal courts. In other counties, both types of cases are heard in the same court. For the most part, the realms of family law and criminal law do not generally and frequently overlap. However, there are instances when criminal law becomes intertwined in a family law matter. Criminal law can become an issue in family law matters if there is domestic violence, abuse ...
February 6, 2014CD
This blog series has focused on the bodies of law, loosely dealing with jurisdiction, that provide remedies for parents having their children taken or kidnapped from their legal custody by the other parent. We have discussed how there are both state and federal remedies to prevent and/or return children who have been taken or abducted within the United States. However, the matter becomes more complex, difficult, expensive and delayed when a child is taken out of the country. The federal Parental Kidnapping Prevention Act allowed for a state’s legitimate custody determination to take precedence over another state where custody was subsequently ...
August 28, 2012CD