International Divorce: Hague Convention Abduction Report Issued

Hague report lists countries who are not compliant; seek experienced International Divorce and Abduction Attorneys as early as posibile.

International Divorce Hague AbductionThe U.S. Department of State Office of Children’s Issues has now submitted its annual report pertaining to compliance problems on international abduction matters for 2013. This “compliance report” identifies countries that are “Not Compliant with the Convention” and countries that show “Patterns of Noncompliance with the Convention”.   This 51 page report lists cases that have remained open and active for 18 months or more after the convention application was filed.  The report also lists countries with Convention enforcement concerns.

Highlights include:

  • Costa Rica, Guatemala, and Honduras were determined to be “non-compliant” with the Convention.  Both Costa Rica and Guatemala demonstrated non-compliance in the areas of judicial and central authority performance.  Honduras demonstrated non-compliance in the areas of judicial, law enforcement, and central authority performance.
  • Brazil and the Bahamas have showed “patterns of noncompliance” with the Hague.  Bahamian courts improperly treat Hague cases as custody matters, not in an expedited fashion that is required.   Brazil’s issues seem to center with the long court review process, problems locating the child and all the permitted appeals.
  • Four countries were categorized as “Countries with
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Custody Issues: How To Avoid International Child Abduction

Important Custody Steps to Take to Avoid Child Abduction Overseas

Strong Custody Prevention Key In Avoiding International Child Abduction

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio. This is a follow-up article to Parental Abduction: Prevention and Remedies posted by Judi on October 31, 2009.

custody child abductionThere have been many laws and treaties put in place in recent years to assist in the prevention of international abduction.  However, I have been seeing a new complacency in the family court system that has begun to ignore the need for strong prevention, thus further thwarting a parent’s ability to be involved with their child.  Judges in many jurisdictions have been ordering that the objecting parent cooperate in obtaining passports for their children so the foreign national parent can remove the child from the country, often to non-Hague signatory countries. Even though these issues have been addressed, the laws strengthened, and the public made increasingly aware of the dangers of allowing a child to … Read More... “Custody Issues: How To Avoid International Child Abduction”

Supervised Visitation and the Role of Human Service Departments

What Are The Basic Types And Goals Of Supervised Visitation?

supervised visitationSupervised child visitation can be indicated in cases involving custody; shared parenting; grandparent custody or visitation; divorce; legal separation; post-decree matters; emergency custody situations; abuse/neglect/dependency cases; concerns about parental abduction; and, reintroduction of a parent after a long absence.

Child visitation can be restricted or denied if a court finds that allowing regular visitation would endanger a child’s physical or emotional health.  In numerous situations, courts may order child visitation by stipulating how often visits are to occur, with whom, and whether the visits are to be supervised by a human services employee or some other responsible adult.  If there are protection and safety concerns the visits are supervised.

Such supervised visits also provide an opportunity for workers to observe and document parent-child interactions.

Types and Goals of Supervised Visitation

In many states there are three basic types of supervised visitation providers:  volunteers, paid professionals, or paid therapeutic providers. The latter two categories may include department of human services employees or their contractors. Their role is to protect the integrity of the visit and to provide a positive atmosphere where a parent and child can interact in a safe, structured … Read More... “Supervised Visitation and the Role of Human Service Departments”

Custody Case Change – The Requirements

What Legal Requirements Must Be Established For A Custody Case Change In Ohio?

This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”.

In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters.  In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case.

custodyIf you are looking to modify your divorce decree, one of the first major obstacles you will face is determining whether or not you have met the standard for a “change of circumstances” which is required before any modification can occur.  There are a few resources we can look to that provide insight as to what this amounts to, including case law and statutes.

Statute:

Ohio Revised Code Section 3109.04 (E)(1)(a) gives us a quick glimpse and some stern words on what it takes to meet the “change of circumstances” required.

“The court shall not modify a prior decree allocating parental rights and responsibilities for the care of children unless it finds, based on facts that have arisen since … Read More... “Custody Case Change – The Requirements”

Custody Issues: Post-Decree Modification in Ohio

Several Things To Know If You File To Modify Your Post-Decree Custody Order

Hire A Qualified Family Law Attorney To Present And Argue Your Custody Case

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

custody post-decreeThere are several issues that you need to address if you have decided that you need to modify your original custody order.  The first is whether your case meets the necessary criteria for modification – the primary of which is a “change of circumstance”.  One thing you must understand is that this does NOT include the myth that at a certain age the child can make a choice – this is not supported by law. A child’s wishes may be considered but are not valid grounds to modify a custody order.  For the child to have any voice in the issue, you will probably have to have a Guardian ad Litem (GAL) appointed to assess or re-assess the current circumstances.

There are many changes in circumstances, judged on … Read More... “Custody Issues: Post-Decree Modification in Ohio”

Rape Aftermath: Child Custody And Control

Can a Rapist Obtain Custody and Visitation of a Child Conceived Through Rape?

rapeVery few states have statutes limiting the ability of a man who fathered a child through rape from asserting his parental rights.  Rape and its aftermath is a serious and significant problem faced by our country.  Though many rapes go unreported, it is estimated that roughly 25,000 women become pregnant through rape each year. A significant amount of women who become pregnant through rape each year choose to raise their children.  Despite this, surprisingly little statutory protection exist for these women who chose to raise their children.

Statutory Protections Limited In Rape Parental Rights

Every state imposes criminal sanctions for rape. However, only sixteen states have promulgated statutes which aid women who became pregnant through rape and decided to raise their children. A man who fathers a child through rape has the same rights as any other father with respect to their children. Even in states offering some kind of statutory redress, the protections are typically quite limited. Several of the states with statutes offering redress require a conviction before there will be a termination of parental rights or a denial in visitation.

The State of Ohio … Read More... “Rape Aftermath: Child Custody And Control”

Custody Issues: Finding a “Qualified” Therapist

Tips On How To Select The Right Therapist In Serious Custody Cases

custodyI have been asked repeatedly what is meant by “qualified” when selecting a therapist to deal with issues related to contentious custody situations.  Too often much valuable time is wasted on counselors who have no experience dealing with the ramifications of custodial interference, parental alienating behaviors and repeated false allegations.  Too many people just look at the words “family counseling” and don’t go the extra interview step to discover what experience the counselor has in custody issues and whether the person has even been qualified to testify in court.   Often the random selection of therapists does more harm than good and the client finds himself back at square one after the therapist finally admits the situation is outside his/her abilities and expertise.

Now that DSM-5 has finally included these behaviors, the effect on the parent-child relationship and the devastating psychological effects on the children, it is extremely important to select well skilled and qualified therapists.  This means the first “list” should be comprised of those psychologists and psychiatrists who have experience with these serious custody issues.  Attorneys have a “list” of those psychologists whose expertise and qualifications make … Read More... “Custody Issues: Finding a “Qualified” Therapist”

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