• videocam Live Webinar with Live Q&A
  • calendar_month @ 1:00 p.m. ET./10:00 a.m. PT
  • card_travel Family Law
  • schedule 90 minutes

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

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About the Course

Introduction

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," working within the Hague Convention framework, and the significance of Golan v. Saada and its progeny in shaping litigation strategy and return outcomes.

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 clarified how to apply the Hague Convention's "grave risk" exception and how to proceed as a court once grave risk is established. 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 the most recent case decisions.

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction

II. Overview of Hague Convention on the Civil Aspects of International Child Abduction

III. Core framework for Hague actions

A. Threshold requirements: habitual residence, custody rights, wrongful removal or retention

IV. Habitual residence determinations: Monasky and totality of the circumstances

V. Defenses to return under the Hague Convention

A. Key defenses: grave risk, "one year and settled," consent/acquiescence, mature child

VI. Golan and post-Golan developments

VII. Financial relief for fees, costs, and expenses

VIII. Return orders and strategy

IX. International relocation proceedings

X. Duty to inform client of remedies pursuant to Hague Abduction Convention

XI. Prevention and early response

The panel will review these and other key issues:

  • What is habitual residence under current law and practice?
  • How to establish wrongful removal or retention under the Hague Convention
  • Asserting and defending core Hague defenses
  • Applying Golan v. Saada
  • Structuring/contesting return orders and protective measures
  • Prevention and early response