Hague Convention Law
International Child Abduction Attorney – Miami, Florida
Hague Convention Law
The Hague Convention is an international treaty designed to expedite abducted children to their home country. Hague convention law is a law not about where the child will be best off. Rather Hague convention law focuses on jurisdiction-which country should decide what the best interest of the child is in determining the child’s residence.
In a case involving International Child Abduction our firm examines Hague Convention law and will file a case in the court which has the best chance of achieving your goals i.e. return of your child to the country of habitual residence or a determination that Florida, United States is the child’s habitual residemce. If your child has been abducted to another country that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, we can review Hague Convention law and take immediate action for the safe return your child.
Hague Convention Factors
Most countries in Europe, North America, South America and East Asia are parties to the Hague Convention treaty and have their own body of Hague Convention law that our law firm researches and uses in your case. This determines the jurisdiction of international custody cases for these countries.
There are several factors that can determine the outcome of a Hague Convention case.
- Habitual Residence. Although many aspects of Hague Convention law may be highly contentious, the critical factor often focuses on the definition of the “habitual residence” of the child.
- Immediate Action. The importance of immediate action under Hague Convention law cannot be stressed enough. A Hague Convention action can be commenced up to a year from the time of the child’s relocation. But that period, in the new jurisdiction or country may be enough to establish “habitual residence”. Therefore, the faster that you act, the stronger your case.
- Application of the Hague Convention Most judges in the U.S. are not familiar with how to apply the key provisions of the Hague Convention to real life situations. When it comes to International Child Abduction cases, at Filler Rodriguez, we will provide a clear explanation of the key language under Hague Convention law.
Experienced Hague Convention Attorneys
At Filler Rodriguez, we represent clients in international child custody matters, including Hague Convention cases. We use our experience and legal knowledge to defend the rights of my clients and to help them achieve their custody goals. For this and other reasons, it is strongly recommended that you retain an attorney experienced in Hague Convention law cases.
For more information regarding your parental rights in the United States and throughout the world including: South America (Brazil, Venezuela, Chile, Peru, Ecuador, Argentina, etc.), Europe (United Kingdom/England, Germany, France, Switzerland, Belgium, etc.) the Middle East or Asia contact Senior Partners David Filler or Catherine Rodriguez at 305.672.5007, for immediate attention to your legal needs.