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.

 

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 ©1999 Fred Silberberg, Prof. Corp.