In this day and age child abduction by one parent out of the country is not uncommon. Fortunately, we have the 'Hague Convention' to help with this situation. Attorney B J Fadem, with over 20 years experience in Family Law understands the procedures and process regarding International Jurisdiction. 

There are common questions:

What is the 'Hague Convention'?
It is a treaty that some countries have agreed to abide to, with regard to honoring each others' Court Orders.  Removal of a child[ren] is governed by the Courts of the countries who honor the Hague Convention Treaty.  Neither party shall remove the minor child[ren] of the parties from the country for the purpose of changing the residence of the child[ren] permanently to a location outside of the country of residence, without the express written permission of the other party, or with leave of the Court obtained prior to removing the child[ren] from the country from the country must obtain leave of the Court to effect such removal, that party must establish that the reason for leaving is bona fide and that he or she is planning to move in good faith and not for the purpose of undermining the visitation arrangements existing between the child[ren] and the other party, and that the removal of the child[ren] to the new location will not be detritus to the best interests of the child[ren].  This is a very complicated situation and there are many factors to be established and that apply to this situation.

Does it always protect children being taken out of the USA?
No.
First, the country where the child(ren) has been taken may not be a member of the Hague Convention.  Even if they are, the hearing pursuant to the Hague Convention can be deliberately delayed and when finally heard, it is determined the child(ren) has been in the new country so long - the new country is now the childs(ren) country of habitual residence.

Second, it depends on what the Federal Court Judge decides.  When it comes down to it, it is up to the Judge.

Where do you file a Petition for under the Hague Treaty? 
It can be filed in the State or Federal Court. 

If it was in State Court where does it get Appealed at? 
California State Court of Appeals for the District corresponding to the County it was filed in.

If it was in the Federal Court where does it get Appealed at? 
United States Court of Appeals in the Circuit corresponding to the District of the Federal Court it was orginaly filed in. "e.g. if it was filed in the San Jose Federal Court, which is the 6th District then the Appeal would be filed in the 9th Circuit of the United States Court of Appeals."

Many factors have to be considered in International Jurisdiction ie, Custody, residence and venue of which Court has the rights to hear the case.

Attorney B J Fadem has all the skill and experience to help you with your legal case regarding International Jurisdiction. All your legal options and opportunities will be pursued.

When you consult with our Family Law Firm, you will be getting:

• Legal advice and counsel based on over 20 years experience
• A Certified Family Law Specialist in the State of California
• Access to any necessary outside resources needed such as psychologists, analysts, forensics CPA, investigators
• An Attorney who is committed to community service
  
• FAQs prior to your Initial Consultation.
• A welcoming, child friendly office filled with toys
• An Attorney who is well-respected by many Judges in many counties and with in the legal community

Your case may be time sensitive. Please contact our office to set-up your Initial Consultation. Let's Talk. Please read the FAQ's prior to your Initial Consultation.