INTERNATIONAL FAMILY LAW
International Child Abduction
The astonishing facts are the following; during 2011 alone, almost 1,500 American children were abducted and taken to a foreign country by one of their parents, or by a relative. The above, according to “The 2012, report on Compliance with the Hague Convention on Civil Aspects for International Child Abduction”. This report is annually presented by the US Department of State, to the US Congress. The report includes only information about documented cases, (where left behind parent speaks up). Thus, the real number of international child abductions could be likely more than 1,500 at year. Unfortunately, some parents do not report or do not properly document their case. The above could be as result of lack of information, lack of resources, or simply because the left behind parent does not receive legal advice on crucial time, by an expert in Private international law.
Sometimes, the left behind parents desperately seek to start an ineffective and uncertain legal process under domestic law, such as petitioning a family law court for an emergency order for custody of the minor. However, such order (although it is often granted), does not guarantee return of the minor to US soil because a US Court order for custody standing alone in a foreign Jurisdiction does not have any binding effect to force the abducting parent to return the child to the place of the removal. Although enforcement of a US custody order may be granted by foreign courts, such procedure is not quick or simple. And yet it does not guarantee the return of the child to the US. Instead, the appropriate legal action to bring your child back is to initiate International Legal Proceedings under “The Hague Convention on Civil Aspects of International Child Abduction”. (The Hague Convention).
The Hague Convention is a multilateral treaty, which has been signed, and ratified as to date by 87 countries in the world. This International Statutory Law has been in force since 1983. Among many others, countries like United States, Mexico, Canada, Argentina, Australia, Brazil, Chile, France, Ecuador, Spain, Paraguay and Venezuela, have adopted the Convention as valid and applicable International law into their judicial systems.
The Convention provides both the substantive law, and some general procedural rules for the initiation of proceedings to seek the return of abducted children to their country of habitual residence.
Basically, parents have two options to chose:
a) file a petition before the central authorities designed in the convention, and wait undetermined time until the public entities from both of the countries involved ( requesting country & requested country), follow the procedures established on the convention., or
b) hire a private lawyer with expertise in the area of International Private law who may be able to represent her legal interest and seek the return of the child directly in the place where the child is located, reducing the delays and pursuing the matter diligently and promptly to make sure the courts in such place enforce the convention.
It is not a requirement to hire a private lawyer to represent you in a Hague case. However, statistics indicate, that the parents who chose to retain private counsel have experienced less delays and better results than the unrepresented parents.
Therefore, if you or your family member or friend has suffered international child abduction, you need not just a lawyer, you need a lawyer who has the experience and the substantial legal knowledge about the Hague convention. So call our office and talk and get the answers to all of your questions., and more importantly get the right lawyer for your case. The offices of Jesus Eduardo Arias are simply the best place to be when it comes to matters of International family law. Give us a call now, we are here to help you!
International Custody Disputes
When separation is inevitable after an unsuccessful relationship, the custody of the children, or
visitation rights for parents are the most important issues. Thus, during and after the divorce process,
some of the most common questions are; who will have custody over the kids. Or, whether you will
have the right to have visits with your child and spend some time with them for the rest of the time
When the parents are of different nationality, the problems related with custody of minors increase.
Some of the most common issues are: whether a parent can have custody rights or visitation rights
if the other parent moves with the children to another country. Or whether one parent can decide
unilaterally to move out of country with children to start a new life there. If so, whether the left behind
parent can have rights to visit his children in the foreign nation.
What are your rights? under which law your rights are best protected? Which law is applicable? Can
a US custody order be valid in another country? Those are only a few of the questions that you may
have. But do not struggle any more to find a response, you have just found the right place on the web to search for the right advise for your case.
In order to get the right legal answers, you need to speak to the right legal counsel. Thus, if your questions involve issues of International Law, or foreign Law, you need to consult a Private International lawyer. As a Private International Lawyer, Mr. Arias is always there to help you to understand how the International law system works. What are your legal options, and how your rights can be upheld both domestically and internationally.
The principal benefit of choosing our office for your International custody Dispute is that you will have
a lawyer who can fight for your rights with a binational or multinational legal perspective. Call us now
and start to move on the right direction!
International Child Support
Every year there is an increase in the number of couples who separate if not married, or file a petition for divorce if they are married. In any way, as result of the separation, usually the little ones are who suffer the most from being separated from their parents. Indeed, the parent who does not have primary custody of the minor will have right to visit with his / her child. However, with respect to kids, rights come together with obligations. One of the most important ones; provide for the financial support of the child. Commonly known as Child Support.
The legal obligation of providing child support is inherently obligation of both parents. Thus, such obligation does not disappear simply because one of the parents is living and working in a different country. What many people ignore is that there are mechanisms under Private international law that may allow you to file a petition for child support in one country, and thereafter file a petition in another country in order to enforce the order for child support. The above, may be necessary because it might be the case that the child and parent in custody live in one country, while the other parent works and lives in another country and does not pay any support.
For example, if you live in Mexico, and the father or mother lives in USA, you or your lawyer may file a petition for child support based on Mexican family law, and after obtaining that order, you can file a petition for child support based on US law.
Vice versa, If you and your child live in the US, and the father or mother lives in Mexico and does not provide any support, it is possible to file a petition under Mexican Law to force the other parent to comply with this obligation.
Every case is different of course, and therefore, it is necessary that you consult with an expert in order to get the best legal advice for your case. Call us now and we will find the right answer for you and child’s best interest.
When it comes to making the decision of adoption of a child who is a foreign national, you want to know everything about the process and the implications of it, including details. Unfortunately, on many times there is no enough clear information out there to guide you as to how and where to start.
First, you may have heard of the Hague Convention on international Adoptions, and you do not understand those complicated steps under the Convention. Or maybe you do not even know what the Hague Convention is!. Perhaps, somebody told you that you will have to travel abroad to seek a lawyer who can help you.
Do not worry; we are just right here to help you!
Law Office of Jesus Eduardo Arias, LL.M. is an office with special focus in issues of International Private Law. International Adoptions are family law proceedings which can be made under International Law, (Hague Convention), or it may also be handled by domestic family law. (Local Applicable Family Law in the country of origin).
We are here to help you! So, simply give us a call and talk to us about your story, we will work hard to make your dreams come true.