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International Custody Disputes and Child Abduction: Preventing, Responding to, and Litigating Wrongful Removal

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Tuesday, March 7, 2023

Recorded event now available

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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).

Description

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.

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Outline

  1. Introduction
  2. Overview of Hague Convention on the Civil Aspects of International Child Abduction
  3. Filing a Hague Abduction Convention petition
    1. Financial relief for fees, costs, and expenses
    2. Prosecuting or defending Hague Abduction Convention petition
    3. Duty to inform client of remedies pursuant to Hague Abduction Convention
  4. International relocation proceedings
  5. Golan v. Saada, 596 U.S. ___ (June 15, 2022)

Benefits

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?

Faculty

Breon, David
David Michael Breon
Founder
Semita Legalis

Mr. Breon is the founder and lead attorney of Semita Legalis. He focuses his practice on family law and...  |  Read More

Faulhaber, Tamar
Tamar O. Faulhaber
Member
Faulhaber Family Law

Ms. Faulhaber is a skilled trial and appellate lawyer with more than 20 years of family law experience. 

 |  Read More
Shewmaker, Patricia
Patricia D. Shewmaker, Esq.
Attorney
Shewmaker & Shewmaker

Ms. Shewmaker has an active practice in all areas of family law including divorce litigation, modification of custody,...  |  Read More

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