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 ...
Tag: United States
Several years ago, the Indiana General Assembly passed a comprehensive civil protective order act. This legislation was aimed at addressing the problem of domestic violence within certain family units. Now, a version of this uniform act is adopted in virtually every state. There is a national depository where domestic protective orders are immediately placed online and available to law enforcement agencies throughout the United States. However, there is growing concern that these are abused by certain litigants in domestic cases, particularly contested divorce and paternity matters. This ...
Three Key Defenses to Return of Children to Their County of Residence Under The Hague Convention And Other Remedies
March 8, 2017 / Child Kidnapping by Parents
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 ...
In Indiana, statistics on Licenses to Carry Handguns and a hunting culture firmly establishes firearms as a cultural norm. This blog post focuses narrowly on the ways responsible gun owners run afoul of the law and often commit criminal acts while traveling with or carrying guns into other states. It is hoped this will provide awareness for readers to avoid such legal entanglements. The most common issue is with reciprocal carry. Generally, this is where one state recognizes another state’s license ...
Indiana is a very progressive state in firearms’ laws in many ways, including its “lifetime” license to carry a handgun. Once such is issued, it may be suspended or revoked for certain criminal activity. This blog addresses important reasons to appeal the denial of an application for a License to Carry a Handgun once made and denied by the Indiana State Police, who are diligent and careful in approval of the application. First, firearms law is very complex, and some of the questions on the Application are required to comport with ...
September 21, 2016 / FFL Compliance
In this blog post, the four most common mistakes that FFL’s make that sell at retail to individuals make and simple solutions are addressed. The expectation from BATFE is perfect compliance to assist with the duties of accurate records for law enforcement purposes. First, the 4473 must be the most current version completed by the purchaser and it must be complete and accurate without exception. The best way to accomplish this is by a double check or electronic A&D book ...
September 6, 2016 / Child Kidnapping by Parents
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 ...
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, ...
Federal, state and local gun laws are sometimes driven by emotion following a high profile event in the news as well as policy. Understanding four key dynamics of the law will allow you to stay out of jail and be a respectful gun owner. First, firearms are by design, much like chain saws, gasoline, and baseball bats, inherently dangerous items. This means that there is significant danger to life and limb by improper use. However, because of the political “camps” that are ...
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 ...