Attorney Elena can help parents who wish to:
Attorney Elena, an International Child Custody and Visitations Lawyer in New York experience on under the HAGUE can help local counsel in New York and California in such cases.
A HAGUE Convention case may be opened by filing an application with Hague Tribunal when a child is taken or retained across an international border (from his/her habitual residence), without the consent of the parent who has custody of the minor as per the law of the “habitual residence”, if the two countries (the country of habitual residence and the country where the child is taken) are parties to the Convention.
In any HAGUE Convention cases it is important to act promptly in bringing an application (there is a one-year statute of limitation). It is also crucial to collect as much evidence as possible, and to prepare for the case with the help of an International Child Abduction Lawyer, with experience and knowledge in international child custody matters. During HAGUE cases lots of very intrigued issues come up and only a lawyer experienced in the field can thoroughly brief each and all such issues for the Tribunal.
If you are in New York or California and you are faced with a case of child abduction by the other parent, you should consult with Elena, an International Child Abduction Lawyer in New York and California.
A parent who opposes visitation to a parent’s country of origin/ current domicile, bears a heavy burden of proof.
Attorney Elena will help her client to collect evidence to show the court that there is a real likelihood that the other parent will not return the child; to stay calm and maintain respect for the rights of the other parent; to be confident in the system and jurisdiction where the case is heard, despite the country’s poor reputation for corruption or its reputation for an ineffective legal system, but she will build a case through documentary evidence and witnesses’ testimony. Sometimes it is useful to place a condition on the travels (posting a bond, securing a mirroring order from the visiting country and/or travel along with the non-custodial parent), however not always it works out for the best. Definitely the non-custodial parent promises would not suffice.
Attorney Elena will make sure the client understands that the above procedure will have to be followed even if the case is heard in a country that is signatory of the Hague convention as different participating countries implement the Hague differently.
Attorney Elena is admitted to practice only in New York and California but collaborates as necessary with lawyers throughout all U.S. states and throughout the world.
