Family Law

Family Law News 2017, Issue 1, Volume 39, No. 1

Not with my Child

B J Fadem, Esq.

B J Fadem has been practicing law since 1985. He was certified by the State Bar of California as a specialist in family law in 1999. He has been the senior attorney of The Law Offices of B J Fadem & Associates, APC since 1991. He currently sits on the State Bar Family Law Executive Committee and is the former chair of the Family Law Section of the Santa Clara County Bar Association. He is one of the few attorneys who practice in the area of international family law jurisdiction, including Hague proceedings. He has presented numerous classes and seminars in all areas of family law, including international jurisdiction and The Hague Treaty. His passions are his international practice and serving as minors’ counsel in high conflict family law matters.

Over the last decade, international fluidity has increased within our country. Corporations have hired individuals from India, China, Japan, and Pakistan, among others. Other companies have contracted their employees internationally to India, China, etc. Many of these employees have families with children. As a result, there is an increased awareness of international child abduction issues; i.e. one parent chooses to either return to their country, or return to the United States with the children and without the other parent’s consent. Often, the scenario is that one parent takes the children on "vacation" and thereafter decides not to return.

As attorneys, it is our job to find the "remedy" or the "solution." The first step is to determine whether the country the child(ren) have been taken to or withheld from is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction ["The Hague"]. California attorneys can assist parents with Hague proceedings when children are wrongfully abducted or withheld in the United States [California]—as well as assist in obtaining the return of children wrongfully removed from the United States to a "Hague" country. However, many attorneys still believe "The Hague" process is a great mystery—how does it work? What do you do?

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