International Visitor Leadership Program Panelist
Enforcement of the Hague Abduction Convention A Project for Japan
Filler Rodriguez-Hague Convention Attorneys
I recently was asked to speak to a group of Japanese attorneys at the Global Ties International Visitor Leadership Program to share my experience with enforcement of the Hague Abduction Convention. At Filler Rodriguez, LLP we have handled numerous Hague Convention cases for both the parent taking the child and the left behind parent and thus we are experienced Hague Convention attorneys. The Hague Convention is a body of laws that involves more than 30 international laws including the ability to enforce judgments in other countries, how to obtain service in foreign countries and as will be discussed in this article child abduction.
Japan formally ratified the Hague Convention in 2013 and the Hague Convention was implemented in Japan in 2014. The Japanese lawyers were interested to hear about the different methods utilized by Hague Convention attorneys to bring about the return of an abducted child and also how to defend against the return. When faced with a case seeking return of a child, a Hague Convention attorney needs to determine what ties the child had to the left behind country. Also, a Hague Convention attorney must establish that the parent seeking return has rights of custody. This means that the Hague Convention attorney must establish that the left behind parent had a right to determine where the child would live. This may seem like an easy element but in many cases, it is not. Hague Convention attorneys must delve into the laws of foreign countries and must effectively present these laws to the Court.
On behalf of Global Ties Miami, I want to thank you for taking the time to share your expertise with our recent visitors exploring the enforcement of the Hague Abduction Convention.
You gave our visitors excellent insight into the role that the Florida legal system played in enforcing the convention. Whether you realized it or not, you played a unique and significant role in strengthening foreign relations, “one handshake at a time.”
In defending a return case Hague Convention attorneys have three main defenses if a parent establishes a case of return: (1) grave risk of harm such as domestic violence; (2) consent-the left behind parent consented to the move permanently; and (3) well settled defense-the child has become well settled in his or her new home. These different defenses have different levels of proof and Hague Convention attorneys must be skilled in gathering evidence in foreign countries to be able to present that proof in defending a Hague Convention case. At Filler Rodriguez, LLP the Hague Convention attorneys have experience in all of the defenses as well as presenting the case for return.