International Child Abduction Hague Convention Cases
International child abduction cases under the Hague Convention are unique and special cases. Which require unique and special legal representation. Generally speaking Hague Abduction cases involve situations similar to the following; “a child was living in one particular country with one or both parents. The Child was taken or retained to another country without consent nor agreement of both parents, and without a court order”. That’s an “international child Abduction case”. It is a civil case - not criminal.
International child abduction cases under the Hague Convention are unique and special cases. Which require unique and special legal representation. Generally speaking Hague Abduction cases involve situations similar to the following; “a child was living in one particular country with one or both parents. The Child was taken or retained to another country without consent nor agreement of both parents, and without a court order”. That’s an “international child Abduction case”. It is a civil case - not criminal.
The common questions are the following; what rights does the “left behind parent” have to bring the child back from the other country? What rights does the parent seeking to keep the child in the new country have to protect the child from returning to a dangerous situation ? What does the law say ? And lastly, how can you make sure your rights and the rights of your child are duly protected ?
First of all, the law applicable to these type of cases is law contained in the text of an international treaty. In other words, your case is governed by International law.“ The Hague Convention on the civil aspects of International Child Abduction” is a treaty that was signed and ratified in 1980 by many countries including the United States. Under the treaty law, if a child has been wrongfully removed or retained in another country, without applicable defenses , the minor shall be returned immediately. Some of the defenses available under the law include for example; grave risk of harm to the child if returned, or well settlement to the new country environment to the point that returning the child would be prejudicial. The best way to make sure your rights are protected is to be represented by a lawyer with particular experience and qualifications in cases under the Hague Convention.
I have successfully represented many clients in Hague Convention matters in court for years. I have strong experience on litigating Hague Convention cases in United States Courts, and Mexican Courts. I am registered in the Hague Convention Attorney Network list provided by the US Department of State to parents in need of legal advise in regards international child abduction cases. I represent clients both in Federal Courts and State Courts for cases under the Hague.
In my most recent Hague Convention matter, I was able to help the mother of a little Girl from Colombia to stay in the United States after the father was seeking an order to return child to Bogota, (the place where mom and daughter had been victims of serious domestic abuse). To see more about this real story and our client’s experience click on the video below.
I have also successfully represented parents asking for the return of their children to their home country. In another real story (also from Colombia) . I represented a loving father who happily returned to Bogota with his son by order of a California Court. Every case is different, every story is different. For that reason, when a mother or a father calls my office or email me with their story about an abduction, I want to know the whole story, I want to know the details so I can help you and your child to seek justice under the rules of the Hague convention. To succeed on your case you must act promptly, if you need an attorney to represent you in a Hague convention case contact me directly by submitting your case situation here below.
“Testimonial from Adam’s Dad”
