The Law Offices of

B J Fadem & Associates, APC

Certified Family Law Specialist

San Jose Divorce lawyer

In this day and age, unfortunately, child abduction by one parent out of the country is not uncommon. Fortunately, however, we have the ‘Hague Convention’ to help with this situation. The issue regarding the ‘Convention on the Civil Aspects of International Child Abduction’, also known as the ‘Hague Convention’, can be complicated. Attorney B J Fadem, with 32 years’ experience in Family Law understands the unique and complex procedures and process regarding International Jurisdiction. Many attorneys choose to avoid all jurisdiction issues – especially International.

Our Law Firm takes the issue regarding Child Abduction very seriously. We are very empathetic, compassionate and understanding regarding the emotional difficultly of this situation. You may have never thought that the day would ever come when the mother or father of your child; or legal guardian would take the Law into their own hands and abducted your child; fleeing the country of residence only to attempt to establish a residence in another country out of anger, revenge, or with no regard for your child(ren’s) welfare.

Our Law Firm has established a network of experts from Washington DC, USA, to numerous countries to assist in Child Abduction cases for our clients. We have also assisted many other Law Firms with their International Jurisdiction cases. With these connections and networks we are known and established all over the world and have brought or returned many abducted children back to their home country. However, time is important. Please call us as soon as possible.

There are common questions:

What is the ‘Hague Convention’?
It is a treaty that many [but not all] countries have agreed to abide to, with regard to honoring each other’s Court Order as well as assure the prompt return of children wrongfully removed from their habitual country. Removal of a child [ren] is governed by the Courts of the countries who honor the Hague Convention Treaty. Neither party shall remove the minor child[ren]of the parties from the country for the purpose of changing the residence of the child[ren]permanently to a location outside of the country of residence, without the express written permission of the other party, or with leave of the Court. To do so, a party must establish that the reason for leaving is bona fide and that he or she is planning to move in good faith and not for the purpose of undermining the visitation arrangements existing between the child[ren] and the other party, and that the removal of the child[ren] to the new location will not be detritus to the best interests of the child[ren]. This is a very complicated situation and there are many factors to be established and that apply to this situation. Furthermore, it is a very long, complicated and expensive process to obtain such a court order.

Does it always protect children being taken out of the USA?

No.
First, the country where the child (ren) has been taken may not be a member of the Hague Convention. Even if they are, the hearing pursuant to the Hague Convention can be deliberately delayed and when finally heard, it may be determined that the child(ren) has been in the new country so long (i.e. the child(ren) is “re-acclimated”)– the new country is now the child’s(ren) country of habitual residence.

Second, it depends on what the Judge decides. When it comes down to it, it is up to the Judge.

Where do you file a Petition for under the Hague Treaty?

It can be filed in the State or Federal Court.

If it was in State Court where does it get Appealed at?

California State Court of Appeals for the District corresponding to the County it was filed in.

If it was in the Federal Court where does it get Appealed at?

United States Court of Appeals in the Circuit corresponding to the District of the Federal Court it was originally filed in. “e.g. if it was filed in the San Jose Federal Court, which is the 6th District then the Appeal would be filed in the 9th Circuit of the United States Court of Appeals.”

Many factors have to be considered in International Jurisdiction i.e., Custody, residence and venue of which Court has the rights to hear the case.

Attorney B J Fadem has all the skill and experience to help you with your legal case regarding International Jurisdiction. All your legal options and opportunities will be pursued.

Our Attorneys are skilled at helping clients with International Jurisdiction legal issues and making the process as civil and polite as possible. We hope that your case will go to Mediation first or to a Settlement Conference. This will save you both time and money. However, if the opposing side does not hold these ideals in high regard, we will be prepared to litigate at trial.

Seeking sound legal counsel with regard to International Jurisdiction is a very important decision. Making the wrong or uninformed decision could cost you your family. Helping families is what Attorney B J Fadem does.

Your issue may be time sensitive.

Please contact our office to set-up your Initial Consultation.

Please read the FAQs prior to your Initial Consultation.

To read the ‘Convention on the Civil Aspects of International Child Abduction’, also known as the ‘Hague Convention’, here is the website:

www.hcch.net

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Client Testimonials
  • BJ Fadem was my lawyer in a child custody case. He was incredible. He knew my fears and took the time to ease everyone of them. BJ was helpful with everything. He is about fair and what is best. I would not have made it through the process without him. BJ is a compassionate, knowledgeable, and straight forward. I would recommend him for anyone that is in need of a Family Law lawyer. Hated going through it, but he made it incredibly painless!Posted by Scot
  • I hired BJ Fadem and Associates to enforced my divorce settlement. BJ Fadem and Associates read through the entire divorce settlement and wrote a letter to my ex-husband pointing out what was not being enforced. BJ is very kind and makes you feel comfortable talking about the situation. BJ and his staff followed through on getting the tasks done and my ex husband complied with his responsiblities. The best possible outcome I could have expected and I couldn't have reached that result without BJ Fadem and his team!Anonymous
  • I have had several opportunities to consult with this law firm over the past few years. I have always received timely and courteous responses to my inquiries. The reason I return time and time again is knowledgeable employees and the respect I am treated with. I also think that the noncondensending matter in which I was treated was a prime factor. It was hard enough to go through what I did, I appreciated not being talked down to by some old stuffy lawyer. Though I have only consulted with Fadem Law, I have referred a few family members who were totally happy with the outcome of their cases.Posted by Claude
  • Mr Fadem is extremely knowledgeable of the laws. Felt he was very in tuned to my needs and fought those. Would definitely would use again. HIGHLY RECOMMENDPosted by Sharon
  • I endorse Mr FADEM Loved The Way He Went To Bat For Me Very Skilled!!! Mostly He Listened When I Thought I Had No Hope!!! Thanks For CaringPosted by Darrell Fears
  • I had a previous attorney who so screwed up my divorce that I almost lost my home, custody and my business!!! When I did my initial consultation with Mr. Fadem, him and and his staff immediately started working on my case to get things saved! The professionalism, customer service and legal knowledge this firm has is incredible!! I can't say enough!! My case is still going on. However, I am so grateful for all they have done and are doing on my behalf!Posted by anonymous
  • I have worked with Mr. Fadem on many occasions and he is as intelligent, professional, and dedicated as they come. His knowledge of family law is outstanding and I refer him to anyone who needs a specialized and highly skilled family law attorney.Posted by Emily
  • As a father with an extremely challenging custody situation, I went through several attorneys before retaining BJ Fadem. Without a doubt BJ has helped my case and my family reach favorable results more quickly and effectively than the collective effort of my first three attorneys combined. Based on years of favorable results and such a positive experience there is no way I would use any other law firm for custody or family law matters. BJ Fadem is absolutely one of the finest custody attorneys in the bay area.Posted by Gary
  • Professional and Skilled. Great Law Office! Mr. BJ Fadem is a knowledgeable and skilled attorney with great experience. Thank you!Larry
    California Jan 27, 2014