international child kidnapping case (Mene v. Sokola)
Listen to Oral Arguments before the U.S. Court of Appeals for the 2nd Circuit in Manhattan, on April 30, 2024, concerning an international child kidnapping case (Mene v. Sokola), which appeal and emergency motion was argued by Marykate F. Pascazi-Carrozza, ESQ. for the Appellant.
Pascazi Law Offices handles International Child Abduction matters.
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Protecting the Rights of Parents and Children Across International Borders
At Pascazi Law Offices PLLC, we understand that international child abduction cases are some of the most emotionally charged and legally complex matters a family can face. These cases often involve parents from different countries, each with their own set of legal systems, cultural norms, and languages. Our experienced team of attorneys and paralegals is dedicated to navigating these challenges with precision and compassion, ensuring that the rights of the innocent parent and the child are upheld in accordance with international law.
Expertise in the 1980 Hague Convention on the Civil Aspects of International Child Abduction
The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“Convention” or “Treaty”) is a key international treaty joined by more than 100 nations, that seeks to protect children from wrongful removal or retention across international borders. It aims to ensure that custody and visitation rights under the law of one country are respected in another.
Pascazi Law Offices PLLC has extensive experience in litigating cases under the Convention. Our attorneys and paralegals are well-versed in the nuances of the Convention, including its application in various jurisdictions, the legal criteria for wrongful removal or retention, and the defenses available under the treaty.
Understanding the Legal Process
When a child is wrongfully taken or retained in another country, time is of the essence. The Convention mandates that contracting states must act expeditiously in returning the child to their country of habitual residence. At Pascazi Law Offices PLLC, we work swiftly and efficiently to file applications under the Convention, gather necessary evidence, and present compelling cases before the appropriate tribunal (most often a Federal Court in the USA).
We assist our clients in understanding the legal process, which typically involves:
- Filing a Petition: Initiating proceedings in the country where the child is located to seek his/her return.
- Proving Wrongful Removal/Retention: Demonstrating that the child was wrongfully taken or retained in violation of custody rights.
- Addressing Defenses: Handling common defenses, such as the child’s objection to return, risk of harm to the child, seeking political asylum, or the child being settled in a new environment.
Comprehensive Support Throughout the Case
International child abduction cases require not only legal expertise but also a deep understanding of the emotional and psychological impacts on all parties involved. Pascazi Law Offices PLLC offers comprehensive support to our clients, including:
- Legal Guidance: Clear and informed advice on the best course of action.
- Negotiation and Mediation: Where possible, we seek to resolve disputes amicably through negotiation or mediation.
- Court Representation: Aggressive representation in court to advocate for the child’s prompt and safe return or for the child to remain where he/she is located based upon Convention defenses, as the case may be.
- Coordination with Foreign Authorities: Working closely with Treaty Central Authorities (including the USA State Department), and legal representatives in other countries, to ensure compliance with the Convention.
Why Choose Pascazi Law Offices PLLC?
Choosing the right legal representation is crucial in international child abduction cases. At Pascazi Law Offices PLLC, we offer:
- Experienced Attorneys: Our team has a proven track record in handling complex international child abduction cases. We have actually tried Convention cases to decision, as well as appealed cases beyond the trial court level.
- Personalized Approach: We tailor our strategies to meet the unique needs of each case, recognizing that every situation is different.
- Global Reach: With extensive experience working with legal systems and legal practitioners around the world, we are well-equipped to handle cross-border disputes.
Contact Us
If you are facing an international child abduction situation, it is essential to act quickly and decisively. Contact Pascazi Law Offices PLLC today to schedule a free initial consultation. Our team is here to provide the expert legal support you need to protect your rights, and the rights of your child.