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 30 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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