Posted by Nydia Streets of Streets Law in Florida Child Custody
The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”), and the International Child Abduction Remedies Act (“ICARA”) provide remedies for parents whose children have been wrongfully removed from their custody and taken to another country. There is presumption in favor of returning a child wrongfully removed, but those presumptions can be overcome by certain defenses and evidence. This was an issue in the case De La Cruz v. Garcia, 4D2024-0823 (Fla. 4th DCA December 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Convention on the Civil Aspects of International Child Abduction at the Hague (known as the “Hague Convention”), provides remedies for parents whose children have been wrongfully removed from a country. In order to initiate proceedings under this Convention, certain conditions must be met, including that the parent seeking return of a child has custody rights, and that those rights were actually being exercised at the time of the alleged abduction. The Hague Convention provides certain defenses that the other parent can assert. This was an issue in the case De La Melena v. Panez, 6D2023-3946 (Fla. 6th DCA November 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Hague Convention applies to international child custody cases in which an accusation of parental abduction or interference with a child custody right is at issue. As stated in the case Cruz de Carvalho v. Carvalho Pereira, 1D20-523 (Fla. 1st DCA November 16, 2020): “The Convention’s central operating feature is the return remedy. When a child under the age of 16 has been wrongfully removed or retained, the country to which the child has been brought must ‘order the return of the child forthwith,’ unless certain exceptions apply.”
