How To Hague Convention Cases On The Civil Aspects of International Child Abduction In The USA

The Hague Convention on the Civil Aspects of International Child Abduction, allows you to make an application when a child is taken or retained across an international border, away from his habitual residence, without the consent of a parent who has rights of custody under the law of habitual residence, if the two countries signed the convention.

If a child has been abducted to the USA, proceedings under the Hague Convention might not be the best thing to do. All U.S. states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. This Act provides solutions that could be better than the ones provided under the hague convention.

You have to act fast. The Hague Convention specifically requires hearings to be conducted expeditiously. Hague cases should be completely concluded within six weeks. A Hague case can theoretically be instituted more than a year after the abduction but an exception will then arise if the child has become well settled in the new environment. In practice if a child has been abducted to the USA and if you are a foreign citizen against an american citizen then the magistrate will try to make the proceedings the longest possible to be able to use this exception. The exception is very dangerous because it makes legal child abduction if one parent manage to hide or to manipulate the other parent long enough, even if one parent is deliberately violated the joint exercise of parental authority. The american citizen will be provided a law guardian who will make him save money on the proceedings as the foreigner who had his child abducted has to pay half of the cost of the law guardian.

You need an attorney who understands the issues and who can put you quickly on the right track.

To get your child back, the most important thing is to choose the right proceedings, to act fast, to consider interim relief, to prepare the factual presentation intensely, to prepare the legal argument intensely, to avoid the best interests analysis, to be flexible concerning evidence and of course to hire an experienced attorney but you have to be careful because there are some traps like Robert D. Arenstein or Richard Min. Those attorneys are not even able to win a simple hague case (see #2:17-cv-12179). You should avoid wasting money with those kind of people who have usurped reputation.

If you have to deal with a hague case, you should go to because it's from mistakes made that you will learn the most. They really have good advice and are able to show you the right path quickly ! As time is very precious to a hague case, if you feel that the attorney you hired is not acting quickly then you shouldn't hesitate to hire another.

Author's Bio: