Hague Convention Attorney

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Knowledgeable & Experienced Hague Convention Attorney Protecting Your Rights Beyond Borders

When a marriage breaks down and the spouses separate, it often means relocating to another country. In these situations, the Hague Convention governs the divorce or separation and child custody between partner countries.

An international divorce isn't the same as a traditional divorce. The process can be very complicated, as can be the conflicting laws of both countries. Child custody, spousal support, and asset division are some of the most difficult issues in a divorce, but they can be made easier with the help of an experienced Hague Convention attorney Orange County.

At Jos Family Law, our knowledge of international laws can help you navigate the complicated process of cross-border family law. Our attorneys have extensive experience handling international divorce, child custody, child abduction and adoption, and other legal matters governed by the Hague Convention. We are well-equipped to handle any complications that may arise in a Hague Convention divorce.

Hiring a Hague Convention lawyer from our law firm will make the difference between a seamless and stress-free process and a costly and entangled dilemma. We will apply the proper laws to your situation and help you achieve the best possible outcome.

Overview of the Hague Divorce Convention

The Hague Convention of Divorces and Legal Separation, popularly known as the Hague divorce convention, is an international treaty that establishes a multi-country legal framework for recognizing divorce and separations across multiple countries. The convention came into effect in 1970 with the objective of resolving legal conflicts and jurisdictional issues in international divorces.

The laws of the convention apply to couples from different countries who want to divorce or separate from each other. It places a system where the divorce or separation is recognized and enforceable in the country of origin as well as in other partner countries that have signed the convention.

The convention provides rules to determine which country has jurisdiction over divorce or separation matters. These rules provide clarity and minimize conflicts that may arise when multiple countries claim jurisdiction over a case. The divorce or separation granted in any one of the countries will be effective and valid in all other Hague Service Convention countries.

The convention also establishes the rights and duties that arise after a divorce or separation, such as:

  • Child Custody
  • Property Division
  • Spousal Support

Participating nations establish a central authority to receive and process requests relating to divorce and separation. The Hague Convention international service of process passes through these authorities who also act as contact points to various individuals who are seeking divorce or separation.

Remember that the provisions and the Hague Convention service of process only apply to countries that are part of the treaty. If you are going through an international divorce or separation, contact an experienced Hague Convention attorney who understands the requirements and procedures applicable to your situation.

The Hague Convention on Child Abduction & Removal

The Hague Convention is an international treaty to expedite the return of abducted children to their home country. Once the child has returned, the appropriate court of the home country will issue a child custody order as per the laws of the country.

Enacted in 1980, The Hague Convention is designed to facilitate the quick resolution of custody disputes and return the child to the rightful custodial parent. While the convention doesn't define what the habitual residence of the child is, the court will typically consider the place of residence of the custodial parent as the child's habitual residence.

However, the convention does provide a basis for the court to determine the child's habitual residence:

  • The history of the child's residence where they live along with the primary parent or caregiver, including where the child goes to school
  • The custody agreement between parents prior to the wrongful removal or retention of the child
  • Shared intentions of the parents for the child

Wrongful removal or retention' of a child is clearly defined under the convention. Wrongful removal is defined as taking the child out of the country without the consent of the custodial parent, whereas wrongful retention means taking the child out of the country by consent but not returning them to the custodial parent as per the custody agreement.

In this regard, the convention states that:

  • The removal or retention of the child is a violation of the custodial parent's rights, which are governed by the laws of the child's home state prior to the incident.
  • The rights of the custodial parent that are violated were being exercised at the time when the incident took place.

Hague Convention International Service of Process

The Hague Service Convention is a treaty that facilitates the transmission of legal documents between countries party to the convention. Service under the Hague Convention works by:

  • Allowing a judicial officer to send a request for service directly to the central authority of the receiving state
  • Establishing a central authority in each partner state to receive service requests from the state of origin
  • Allowing the central authority in the receiving state to arrange the service through a local court

In the US, the Office of International Judicial Authority serves as the central authority for the Hague Convention divorce service process.

Determining Jurisdiction Under the Hague Convention

The first step is to determine the jurisdiction of an international divorce, separation, or child custody case. The convention has uniform laws that apply to all Hague Convention service of process countries. The laws offer clarity on the following:

  • Family Law
  • Child Protection

While the convention talks about jurisdiction, it doesn't have a uniform set of laws governing such issues. The specific circumstances and facts of a case will apply to an international divorce, separation or child removal case. The best way to understand how the law will apply to your case is by consulting with our qualified Hague Convention attorney in Orange County.

How can a Hague Convention Lawyer Help?

At Jos Family Law, our family law attorneys are seasoned and knowledgeable in family law matters in California and beyond. We will assist you at every step of the way when issues arise due to multiple jurisdictions, including:

  • Relocation of the child lawfully to another country
  • Preventing the other parent to relocate or abduct your child to another country
  • Ensuring the safe return of a child abducted by the other parent
  • Sending a Hague Convention international service of process for divorce to a spouse located outside the US
  • Valuing and dividing marital assets located outside the US

Remember that before filing for an international divorce, you must meet California's residency requirements. Individuals who have resided in the state for at least six months or in the country where the divorce petition is filed for at least three months can file for an international divorce in California.

If you do not meet these residency requirements, you must wait or file for legal separation.

Contact a Hague Convention Attorney in Orange County for your Family Law Issues

For families going through the complexities of international divorce or child custody disputes, we offer knowledgeable and experienced legal support. Binoye Jos is a qualified Hague Convention attorney in Orange County with deep knowledge of the Hague Conference on Private International Law (HCCH), the Hague divorce Convention, and the International Child Abduction Remedies Act (ICARA). With a combined experience of 55 years, our law firm is uniquely positioned to guide you through the entire process and ensure a happier life for you and your loved ones.

Contact us today for a private consultation and take the first step to reuniting with your child or moving on to the next chapter of your life stress-free. We will create a tailored strategy and take immediate steps to protect your rights.

Call (714) 733-7066 or send an email to jos@josfamilylaw.com to discuss your situation today.

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Frequently Asked Questions

The Hague Convention is a series of treaties that protects the rights of families and children by preventing illegal child adoption and abduction. It seeks to create a unified process to return abducted children to their home countries of residence. It also deals with child custody conflicts when a parent or a guardian lives in a different country than that of the child.

More than 90 countries have signed the Hague Convention, including:

  • US
  • Canada
  • UK
  • Australia
  • Mexico
  • Belgium
  • France
  • Germany
  • Netherlands
  • Spain
  • Switzerland

The petitioner must fulfill three elements to establish a primary facie case of child abduction under the Hague Convention:

  • The child was habitually residing in a foreign country prior to removal or retention
  • Such removal or retention was in breach of the foreign country's custody laws, and
  • The petitioner was exercising his/her custody rights at the time of the removal or retention

While many countries recognize US divorce, especially states that have signed the Hague Convention, there are some countries where US divorces aren't recognized. If your spouse's country doesn't recognize your divorce, you must consult with an experienced Hague Convention lawyer to take additional steps and ensure your marriage is legally dissolved in the foreign country as well.

You must file the Hague Convention service of process forms to serve your spouse living abroad. This includes a model form that can be found on the Hague Convention's official website and includes:

  • The name of the plaintiff
  • A letter of request
  • List of documents to be served
  • A certificate of service for the foreign court
  • Nature and purpose of the document

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

(714) 733-7066

jos@josfamilylaw.com

1918 W Chapman Ave Suite 200, Orange, CA 92868

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair, and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there who overbill for their services. I truly recommend them.

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Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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