A Montana mother got her children back after their father kidnapped to a yacht. Following a summer visit, the father wrongfully retained the children and began brainwashing them with his new wife. After eight months the Federal Bureau of Investigation was able to capture the pair and return the children to their mother.
Authorities say Angela and James Bryant loaded the children onto their 40-foot sailboat and took off for the Bahamas — outside US waters and away from the easy reach of US law enforcement.
They were caught in March when they sailed back to Miami so Angela could fly to Hawaii to visit her parents.
The FBI was tipped off and Angela was arrested at her family’s home. Thousands of miles away in Florida, James Bryant hastily loaded his children back onto the boat and fled back to the safety of Bahamian waters.
A Coast Guard cutter intercepted the yacht after a two-hour pursuit and the children were returned to their mother back in Montana.
Read more: http://www.dailymail.co.uk/news/article-2185707/Angela-Kelly-sentenced-4-years-abduction-Montana-children-yacht-Bahamas.html#ixzz24vvpQQMk
In an international case that confronts how the term “habitual residence” shall be understood under Hague Convention on the Civil Aspects of International Child Abduction in the United State of America, the U. S. Supreme Court will be reviewing a lower court’s ruling that returned a child to Scotland, when the trial court order was to keep the child in the U.S.
This case will be instrumental in lower courts understand and apply the Hague Convention on the Civil Aspects of International Child Abduction.
Kelly Rutherford whose children live in France with her ex has to travel there to see them because the Ex has no visa to America. She will know become familiar with the Hague Convention on the Civil Aspects of International Child Abduction in order for her to be prepared to enforce her custody and visitation in France. A court ruled that her flexible schedule would allow her the time to see her kids.
TMZ.com is reporting that she is “devastated” – understandable in that any large distance between parent and child makes bonding difficult.
International child custody cases like this are always difficult on the parties, and especially the children. We’ve worked with parents and lawyers multiple countries and it’s never easy, but positive outcomes can be achieved with experienced and knowledgeable attorneys.
Family law cases, and child custody cases in particular, are very document heavy. In international child custody cases, when the Hague Convention on the Civil Aspects of International Child Abduction is applicable, any documents filed in the case are admissible in a sister state. For example, if an incoming case is filed in Los Angeles Superior Court for a French child custody order, the application in Los Angeles will have to admit documents that were filed in the French Court. Family Lawyers in Los Angeles who practice in this area, are familiar with the rules and procedures and will be able to work with foreign counsel to coordinate the case.
Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.
If a child is being wrongfully withheld, or was abducted by the other parent, the “out parent” may filed directly in the court where the child is being held. Under the Hague Convention on the Civil Aspects of International Child Abduction a parent does not have to go through the Central Authority to open a case. However lawyers in Los Angeles often will file directly in the Superior court of California and then notify the Central Authority so they are part of the proceedings.
This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.
Each state that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction must appoint a Central Authority so that there is a clear path to enforcement for foreign nationals to seek assistance in a member country when a parental abduction such as a wrongful withholding, or a refusal to access occurs. The Central Authority is tasked with enforcing the current custody orders. It may act as a representative for the “out parent.”
The Central Authority of a state under the Hague Convention on the Civil Aspects of International Child Abduction may seek authorization or confirmation that they are supposed to be representing the parent, or they may demand that a representative be appointed, such as an international child custody lawyer.
A Central Authority may require that the application be accompanied by a written authorisation empowering it to act on behalf of the applicant, or to designate a representative so to act.
Not every case under the Hague Convention on the Civil Aspects of International Child Abduction will be approved and not every parent will be assisted in getting access to a wrongfully retained or abducted child. The Convention’s requirements need to be complied with for a parental abduction case to be recognized. If an applicant under the Hague Convention on the Civil Aspects of International Child Abduction does not meet the formal requirements for an application the denying state must advise the Central Authority or the applicant as to the specific reasons why it is denying an application.
When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.
One of the first questions asked is often What Will It Cost Me To Get Access Under The Hague Convention on the Civil Aspects of International Child Abduction?
The Convention does not allow for each Central Authority to pass on the costs and expenses of the administration of its administration to an applicant who is seeking access or enforcement in a wrongful retention or wrongful removal case.
However, a contracting state is allowed to charge for the expenses incurred in implementing a return order, such as the costs of locating, apprehending and returning a child to a parent.
Additionally the court may make an order that an applicant be reimbursed by the offending parent for any travel expenses, lawyers, and other expenses incurred in enforcing their rights.
Each Central Authority shall bear its own costs in applying this Convention. Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child. However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.
The Hague Convention on the Civil Aspects of International Child Abduction is a multi-lateral treaty, meaning that it is a treaty between three or more states. Every state that signs it agrees to abide by all the parts of the treaty, unless they have made specific reservations from the terms of the treaty.
Parents whose children were wrongfully removed or are being wrongfully retained need to seek assistance under the Hague Convention on the Civil Aspects of International Child Abduction. When a parent seeks help for a parental abduction they need to file a case and usually have an attorney or lawyer in the state where the child is being held to help them.
One of the most important sections is the one that deals with legal aid and how foreign nationals are to be treated in another state. If a state provides legal aid to its own citizens in regards to having a case heard under the Hague Convention on the Civil Aspects of International Child Abduction, then they must provide that same access to a foreign national who is resident in their own state.
Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.
One of the stumbling blocks of international child custody cases is the fact that there may be multiple languages being used in official documents such as Custody Orders, Final Judgments of Parenting Plans and Statements of Decision. The Hague Convention has a plan for how conflicts between countries can be resolved, and part of that plan is a set up for official language options.
Official documents need to be translated into the official language of the requested country, and if that is not possible there are two options, French or English, which may be used as a default translation language.
Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.