Fort Lauderdale Hague Convention Attorney
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that helps return children who have been unlawfully removed or retained back to their country of habitual residence, according to the U.S. Department of State. The Hague Convention does not determine custody itself, but is a legal framework to help expedite children back to where they were taken from so that the matter may be decided in state court. Furthermore, a country may not even recognize a court order. However, if they are part of the Convention, the Central Authority agency of that country has a responsibility to help you locate your child, encourage amicable solutions in parental abduction cases, and to facilitate the child’s safe return when appropriate. For additional information, it is best to contact an experienced Fort Lauderdale Hague Convention attorney at once so that quick legal action can begin as soon as possible.
Commonly Asked Questions
Frequently asked questions that concerned parents have regarding the Hague Convention include the following, according to the U.S. Department of State:
- What if No Court Order Exists? You do not need to have a court order, such as full custody for example, to use the Hague Convention for the return of your abducted child;
- Are there Age Requirements? The Hague Convention can be used until the child is 16 years of age;
- How Long Will it Take? The Hague Convention acts swiftly. While there is no specific time frame, courts can be asked to justify delays that are longer than six weeks; and
- What are the Other Parent’s or Abductor’s Rights? The other parent may be given an exception to return the child by the Hague Convention. You can fight back against this exception, however.
Sending the Necessary Proof to the Hague Convention
Your child will not automatically be returned simply by filing the necessary paperwork, but the following information must be sent in:
- Proof that your child is under 16 years old;
- Proof that your child habitually resided in the U.S. or another Convention country and was wrongfully removed or detained in another Convention country;
- Wrongful removal includes a violation of your custody rights and you were exercising those rights when the child was wrongfully removed; and
Furthermore, there must be a treaty partnership between the two Convention countries. Not all Convention countries have such an agreement between them. They must accept each others’ accession to the Convention.
Please Do Not Hesitate to Contact a Fort Lauderdale Attorney Immediately
If your child has been abducted or wrongfully removed from the United States, we encourage you to take immediate action by contacting an attorney. We will help you work with the Hague Convention to ensure your best chances for an expedited and safe return of your child. With so much at stake, it is essential that you work only with the most experienced and professional legal team available. Contact the Fort Lauderdale law offices of Joyce A. Julian, P.A. today for assistance.