Naperville International Child Abduction Lawyer

Naperville International Child Abduction Attorney

If your child was wrongfully taken to another country, or if you were served with a petition seeking your child’s return to the US under the Hague Convention, a Naperville international child abduction lawyer may be able to help. Schaffer Family Law, Ltd. can help parents experience these complex situations to better understand their rights and options.

International child abduction cases move quickly. Incorrect paperwork or filing delays can greatly impact the outcome of your case. An experienced legal representative can help you build a strong case that focuses on protecting your child.

International Child Abduction Cases

International parental child abduction happens when one parent removes a child from the child’s home country or habitual residence and refuses to return the child. These disputes are very different from traditional state allocation of parental rights matters, often involving the Hague Convention, federal law, international treaties, and foreign courts.

These laws focus on returning children to their country of habitual residence so that courts can resolve parental rights disputes. The Hague Convention doesn’t determine which parent is more suitable for the caregiving of the child.

Instead, the Hague Convention seeks to determine if the child was wrongfully removed, if the other parent possessed child custody rights under applicable laws, and if there was consent or acquiescence, among other important factors.

Evidence can disappear quickly in these cases, which is why prompt action is so important, so the attorney has ample time to create a tailored case. Some evidence gathered may include:

• Travel records
• Passport information
• Medical records
• School enrollment
• Witness testimony
• Electronic communications

Common Situations That Can Lead to International Child Abduction Disputes

International child abduction cases don’t always mean that a parent has secretly left the country with the child. In many cases, it can begin with seemingly innocent or normal situations, such as:

• A vacation that turns into an extended stay
• Military assignments
• One parent refuses to return after visiting a relative
• Immigration issues
• International employment opportunities
• International marriages ending in a dissolution of marriage
• Disagreements regarding relocation
• Dual citizenship complications

In 2023 alone, 205 abducted children, out of the hundreds abducted annually, returned to the United States. Understanding how these situations arise can help you determine which legal remedies are available to protect your rights and your child. Currently, 93 countries participate in the Hague Convention.

Hague Convention Representation

Attorneys don’t just represent parents seeking the return of the child. Schaffer Family Law, Ltd., represents both sides of the Hague Convention process.

For parents seeking the return of a child, legal action may be available under applicable international treaties. Representation can involve investigating the child’s location, filing Hague Convention petitions, and coordinating with foreign attorneys. These cases may also require the attorney to present evidence regarding habitual residence and demonstrate wrongful removal or retention.

For the parents responding to a Hague Petition, an attorney can evaluate whether defenses recognized under the Hague Convention apply, which can include consent, acquiescence, and mature child objections in certain circumstances. Each defense requires thorough analysis and development to be effective.

Hire an International Child Abduction Lawyer

International child abduction litigation can be complicated because it combines family law, international treaty law, foreign legal systems, and federal procedures. Trying to navigate this alone can be risky.

When you hire an international child abduction lawyer from Schaffer Family Law, Ltd., you gain an experienced advocate who can determine if the Hague Convention applies to the situation. Our team evaluates jurisdictional issues, gathers documentation supporting your position, and coordinates with foreign counsel, if necessary.

We prepare any necessary emergency filings, present evidence to the court, and address treaty defenses. Communicating with government agencies can be especially stressful, but we handle this for you.

Schaffer Family Law, Ltd., also has experience appearing pro hac vice in Hague Convention matters. This allows our qualified Naperville international child abduction lawyers to participate in cases outside Illinois.

FAQs

What Is the Penalty for International Child Abduction?

The penalty for international child abduction can come with both civil and criminal consequences, but it depends on the case. Hague Convention proceedings focus on determining if the child should be returned to their country of residence, not imposing criminal penalties. However, criminal statutes may apply in certain cases involving parental kidnapping or interfering with custody rights.

What Is the Rule on International Child Abduction?

The general rule on international child abduction under the Hague Convention is that a child who has been wrongfully removed from or retained outside their country of residence should be returned to their original country. The courts then determine whether the treaty applies before considering available defenses. These proceedings don’t decide permanent parenting arrangements.

What Is the Child Abduction Law in Illinois?

The child abduction law in Illinois addresses parental rights through the Illinois Marriage and Dissolution of Marriage Act. This determines parental rights and responsibilities, the child’s primary residence, and parenting time. If international issues arise, Illinois law intersects with federal statutes and international treaties. The overlapping legal systems require more legal analysis than a simple parenting dispute.

What Is the Definition of International Parental Child Abduction?

The definition of international parental child abduction refers to one parent illegally removing a child from their country of habitual residence or wrongfully retaining the child in another country without consent. The legal definition depends on many factors, such as the Hague Convention, domestic laws, and other facts surrounding local court orders, such as those established in the DuPage County Courthouse, and the child’s residence prior to their removal from the country.

Naperville International Child Abduction Lawyer

Whether you need help seeking the return of your child or responding to a Hague Convention petition, Schaffer Family Law, Ltd., can help. Our team has extensive experience in handling this area of law, and we can keep you informed of your legal rights throughout the legal process.

Contact us today to schedule a consultation with a Naperville international child abduction attorney and let us help you move through this complex process with confidence and peace of mind.