Building an International Child Abduction Prevention

By Elena Giannattasio, an International Family Lawyer in New York and San Francisco.

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.

Disclaimer: 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.

Elena Giannattasio, Esq., an international family lawyer in New York and San Francisco focuses her practice on international custody, Hague Convention litigation, and complex cross-border family disputes. She represents parents and advises courts and counsel on international child-abduction prevention across the United States, Europe, the Middle East, and beyond.