|
Highlights
International Child
Custody Litigation: A Success Story
Web site expanded to include client access
Family Law Update - March 1999
International Child Abduction: A Success Story
After five years of searching, through our efforts our client was able to take his
children home to Mexico City.
The area of international child abduction and litigation has gained much media exposure
during the past year. It is an area fraught with peril for a parent whose child has
been unlawfully removed from the United States, or from another country. Proceedings
to regain custody of a child are governed, in many countries, by the Hague Convention
on International Child Abduction and in the United States by the Hague Convention
and the International Child Abduction Remedies Act. Most family law attorneys
try to steer clear of this area and its technical components. That is not the case
for our law firm. Although these cases are fraught with emotion, and frequently require
an intensive application of time and effort by counsel, we find them both challenging
and rewarding. We thought you might be interested in our most recent case.
Our client, Mr. N., had married his wife, who was a Mexican National in California
in the 1980s and had two children together. When the children were very young, the
couple decided to move permanently to Mexico City, where Mrs. N. was originally from.
Ultimately the marriage broke down and the parties separated. They remained in Mexico
City and shared custody of their children pursuant to a Mexican custody agreement
entered into after their separation. In 1992, Wife left with the children for several
months without the knowledge or consent of their father. After instituting proceedings
in the Mexican courts, mother returned with the children and a new custody order was
made. Pursuant to that order, Mr. N. had the children each afternoon and evening,
as well as alternating weekends. The parties also shared summer vacation. At the conclusion
of Mr. Ns vacation time with the children in 1994, he returned them to their mother
who was to take her vacation time with them. Mother went on vacation with the children,
but did not return. Upon realizing that the children were not coming home, Mr. N.
filed a petition under the Hague Convention with the Mexican authorities and began
searching for his children. Through the use of a private investigator, Mr. N. discovered
that the children and their mother were residing in Miami, along with a man that their
mother had claimed to have married (the Mexican divorce was not final at the time
of this marriage). At the time that the children were found in Florida, Mr. N. traveled
to Miami and attempted to regain custody of the children through proceedings under
the Hague Convention which were handled by a Florida attorney. Unfortunately, the
court in Florida failed to immediately order the return of the children to Mexico.
Instead, the court ordered their mother to appear in court. When she failed to do
so and father attempted to enforce that order, mother and both children once again
vanished. Father's order for return of the children, which he obtained thereafter,
went unfulfilled and the search began anew. All of the efforts that Mr. N. had made
up to this point in time seemed for naught.
Ultimately, mother, her new husband and both children were located in Los Angeles.
Mr. N. engaged our firm to represent him in proceedings to obtain an order allowing
him to return the children to Mexico City. In the course of our representation we
uncovered a five-year long trail of deception intended to prevent our client from
locating his children. The children's mother obtained fraudulent social security cards
and birth certificates for the children, as well as herself, changed her name and
the children's names and moved the children between various schools, as well as having
engaged in other similar conduct. Once again being close to regaining the children,
through our representation of Mr. N in Los Angeles Superior Court, we obtained an
order for the immediate return of the children to Mexico with their father. In addition
to that, we assisted our client in arranging for the safe passage of the children
to Mexico with him, without interference from the children's mother.
|
|
Web Site Expansion: Secure Access to Useful Information and Documents for Clients
Only
Our past newsletters have told you about our web site and the success we have experienced
regarding the same. As part of our continuing effort to provide better client service
through the use of technology, including the Internet, we are pleased to announce
the opening of a password protected section of our web site which will provide information
and items of use to our clients. In the first phase of this ongoing project, which
we will continue to expand upon, we have three facilities available to clients. Those
facilities include the following:
A. Draft document review through your web browser:
We exchange documents with clients via e-mail and have for many years. However,
occasionally we run into technical problems due primarily to the incompatibility of
word processing programs. Our documents are prepared using Microsoft Word ® and although
we have the ability to save documents in various formats, from time-to-time we find
that when we send a document to a client they have difficulty opening it. In order
to give more clients greater access to documents without encountering these difficulties,
we have started a unique and innovative program, which enables clients to review documents
in draft form using their web browser. The documents do not have to be sent by e-mail
and can be viewed on-screen, or even printed. The documents are maintained in a confidential
manner. In order to view them, our office will provide you with a password to access
the document.. Because of the sensitive nature of communication between our office
and our clients, we will only enable this type of viewing on specific documents by
arrangements made with our office. Only those persons having the password will be
able to access the documents, and only for limited periods of time. We are sensitive
to maintaining privacy and confidentiality, while continuing to provide expanded means
of access to our office and electronic communications.
B. Judicial Council forms access:
As many of our clients know, in order to proceed with their cases we must file
forms with the court which are approved by the Judicial Council of California. We
routinely provide blank versions of these forms to clients in order to obtain the
information in draft.. However, clients now have a means of obtaining these forms
and printing them through our web site. We have provided a link which will enable
clients to obtain commonly used forms, print them in blank, complete them in draft
and send them into our office. In order to use this function you must have a copy
of Adobe Acrobat Reader ® installed on your computer. However, if you don't have Acrobat
Reader, there is a link which will enable you to quickly download the same.
C. Courthouse directions and parking information:
Need to get to the courthouse for a hearing or mediation? Our web site provides
directions to all major courthouses in which we appear, as well as the location of
family law departments. Just enter the client section of the web site, select the
courthouse you need to get to, and click. You will instantly be provided with this
information.
We welcome feedback and suggestions from our clients as to ways in which we can provide
better service through the web site. Feel free to send us your comments, place a call,
or drop us a note. To e-mail us, send messages to
freds@fspclaw.com or
click on the feedback form in the public area of the web site for instant messaging.
To obtain a password to access the web site, call our office Family Law Update
is published periodically by Fred Silberberg, Prof. Corp.
|
For further information, please click here.
©1999 Fred Silberberg, Prof. Corp.
|
|