Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

Child Custody and Visitation - Hague Convention - Child Abduction - Jupiter, Florida

In a child custody and visitation proceeding, to demonstrate a wrongful removal or retention of a child under the Hague Convention, a petitioner must establish: (i) the child is retained in a country outside the country of the child's habitual residence, (ii) the removal must be a violation of the parents right of custody, and in particular the right to determine the child's place of residence, and (iii) the right of custody was being exercised or would have been exercised absent the removal.

In Sanchez v. Suasti the Florida Court of Appeal recently stated: "To demonstrate a wrongful removal or retention of a child under the Hague Convention, a petitioner must establish three elements. Larbie v. Larbie, 690 F.3d 295, 307 (5th Or. 2012). First, the petitioner must show the child has been retained in a country outside the child's country of habitual residence. Id. Second, the wrongful removal must be a violation of the petitioner's 'rights of custody,' which 'include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of resiĀ­dence.' Abbott, 560 U.S. 1, 9 (quoting Hague Convention, art. 5(a)) (emphasis added). These rights arise 'by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.' Hague Convention, art. 3. Finally, the petitioner must demonstrate the rights of custody 'were actually being exercised or would have been exercised but for the removal.' Wigley v. Hares, 82 So. 3d 932, 936 (Fla. 4th DCA 2011) (citing Hague Convention, art. 3)."

To speak with a divorce attorney in Jupiter, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.

No Comments

Leave a comment
Comment Information

Request Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions