International Custody Disputes and Child Abduction: Preventing, Responding to, and Litigating Wrongful Removal
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Tuesday, March 7, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will instruct family law attorneys on how to prevent and respond to child abductions and how to litigate international custody disputes under the Hague Convention on the Civil Aspects of International Child Abduction. The panel will address "international relocations" or "international move-away cases" and discuss the significance of Golan v. Saada, 596 U.S. ___ (June 15, 2022).
Ms. Faulhaber is a skilled trial and appellate lawyer with more than 20 years of family law experience.
Ms. Shewmaker has an active practice in all areas of family law including divorce litigation, modification of custody, alimony and child support, contempt actions and legitimations and paternity suits.
Mr. Breon is the founder and lead attorney of Semita Legalis. He focuses his practice on family law and immigration matters.
Divorced or separated parents who want to move their children out of the United States must file specific custody actions, commonly referred to as "international relocations" or "international move-away cases." In deciding such cases, U.S. judges consider the same factors they normally consider in domestic move-away cases plus other factors unique to international relocation. These decisions do not always end the matter.
More frequently than many think, international child custody disputes may arise in response to deportation, disputes over relocation involving work or extended family, and numerous other circumstances. These situations can lead to one parent's decision to wrongfully remove a child from his or her home country or retain the child in a foreign country without the other parent's consent or simply violate a custody order and "abduct" a child.
In June 2022, the U.S. Supreme Court gave federal trial courts more discretion over whether children in some international custody disputes must be returned to their home countries. Golan v. Saada provides the latest interpretation of the Hague Convention on the Civil Aspects of International Child Abduction.
Listen as this experienced and engaging panel discusses international custody disputes under the Hague Convention and the significance of Golan v. Saada.
- Introduction
- Overview of Hague Convention on the Civil Aspects of International Child Abduction
- Filing a Hague Abduction Convention petition
- Financial relief for fees, costs, and expenses
- Prosecuting or defending Hague Abduction Convention petition
- Duty to inform client of remedies pursuant to Hague Abduction Convention
- International relocation proceedings
- Golan v. Saada, 596 U.S. ___ (June 15, 2022)
The panel will review these and other controlling issues:
- What remedies are available under the Hague Convention?
- What happens if a parent removes a child to a country that is not a signatory to the Hague Treaty?
- What is a "habitual resident?"
- What is "wrongful removal or retention?"
- Are there any defenses to a claim of wrongful removal or retention of a child?
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