International Child Abduction
Last updated on October 29, 2026
Each signatory to the Hague Convention on the Civil Aspects of International Child Abduction is obligated to establish an in-country office charged with processing applications for assistance in obtaining the return of children who have been kidnapped to that country. This agency is called the “Central Authority, ” and operates in cooperation with all other members of the Hague Convention to assist in the return of children to their home countries through the Hague Convention process.
Helping Children Who Have Been Separated
In the United States, the Central Authority operates under the aegis of the United States Department of State – Office of Children’s Issues. This office maintains a website with extremely helpful advice regarding actions a parent may take to secure the return of children who have been wrongfully taken or are being wrongfully retained in the United States or other foreign countries. In addition, the office processes applications for assistance in securing the voluntary return of children to the United States, when they have been wrongfully taken or retained abroad, or to other countries, when they are being held wrongfully in the United States. When the request for voluntary return is not successful, the office also maintains a list of attorneys who are willing to assist in the filing of a Hague Petition in a court in the country where the children are being retained wrongfully. Any forced separation is difficult for a child, so reuniting them with their families is imperative to reduce the psychological harm from the incident.
Our Preeminent Attorney Patricia Lee
Our family law attorney, Patricia M. Lee, has been a referral attorney for the United States Central Authority for more than 25 years and is listed as a mentor by the U.S. Department of State to assist other, less experienced attorneys, in handling international abduction and enforcing custody rights. She has taught courses regarding the implementation of the Hague Convention at the international level for the U.S. Military, local bar associations and many other agencies working as child and parental rights advocates. She is an authority in Hague matters in the United States and abroad.
Proactively Assisting Parents
Recently, attorney Patricia Lee was honored to be invited with only three other U.S. Hague Attorneys to advise the U.S. Office of Children’s Issues regarding what policies and procedures could be initiated and maintained to better assist left-behind parents in securing the return of their children to their home countries. The topics included establishing/maintaining legal research databases in the difficult area of international/Hague Convention law, networking among attorneys specializing in this difficult area of the law, record/statistic maintenance for international kidnapping cases, and strategies and advice for left-behind parents, including the processing of applications through the department.
Frequently Asked Questions For Hague Convention And International Child Abduction
The below Frequently Asked Questions (FAQ) and answers are targeted primarily to those who wish to file a petition, or those who have been served with a petition, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670 (“Hague Convention”), and/or its United States implementing statute, the International Child Abduction Remedies Act (“ICARA”), 22 U.S.C. §§ 9001–9011 (formerly 42 U.S.C. §§ 11601–11610). The Hague Convention’s main purpose is to secure the prompt return of children wrongfully removed to or retained in any Contracting State.
The goal of a proceeding under the Hague Convention is the prompt return of the child, not the resolution of any underlying child custody claims. In essence, it is to restore the status quo. As such, these proceedings are to be administered expeditiously, with any underlying child custody, child support, etc. proceedings being handled separately in the country of the child’s habitual residence. The scope of these proceedings, with very few exceptions, is solely to establish whether the child in question has been wrongfully removed or retained within the meaning of the Convention.
How Do I Know If I Can Proceed Under The Hague Convention?
There are over 100 countries that have agreed to be governed by the Hague Convention. These include, but are not limited to, Andorra, Argentina, Australia, Austria, Bahamas, Barbados, Belgium, Bolivia, Brazil, Canada, Chile, China, Colombia, Costa Rica, Denmark, Dominican Republic, Ecuador, Finland, France, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Luxembourg, Malta, Mexico, Monaco, Montenegro, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Spain, Sweden, Switzerland, United Kingdom, United States of America, Uruguay and Venezuela. If your child has been wrongfully removed to or retained in one of these countries, we can assist you in enforcing your Hague Convention rights to have the child returned to its country of habitual residence.
Why Should I Choose Urban Thier & Federer, P.A. To Handle My Hague Convention Case?
The short answer is experience, international reach and results.
Experience: Attorney Patricia Lee heads up Urban Thier & Federer, P.A.’s international family law practice area and is recognized by the United States Department of State as one of the top authorities on Hague Convention/ICARA cases. She routinely handles cases throughout the United States and internationally. Given her vast experience, she is able to efficiently analyze a case’s strengths and weaknesses and quickly develop and implement the best strategy for each case and client.
International Reach – Urban Thier & Federer, P.A., has handled Hague Convention cases throughout the world, including but not limited to, the United States, Germany, Mexico, Brazil, and other countries. The law firm has offices in and is affiliated with other law firms and attorneys throughout the world. This allows us to quickly assemble the team of attorneys best suited to handle your specific case and facts.
Results: Urban Thier & Federer, P.A. has not only won cases for clients throughout the world, but can also, as necessary or desired, handle any necessary appellate work related to the case and coordinate any related child custody, divorce and other ancillary proceedings.
What Sets Urban Thier & Federer, P.A. Apart From Other Law Firms Handling Hague Convention And/Or ICARA Cases?
Given our experience and reach, we are able to move quickly to develop the best strategy for you and to assemble the legal team and evidence to give you the best chance of winning your case. Given that these cases are, by design, administered “expeditiously,” we find that while other law firms are still researching the applicable law and basic facts, we are able to immediately get to work on the details of your case, evidence collection, witness interviews, etc. to build the strongest case possible. Hague Convention cases move much more quickly than standard civil lawsuits and many firms are simply not able to prepare these cases for trial on the expedited schedules set by the courts.
Can You Give An Example Of An Actual Case That Urban Thier & Federer, P.A. Has Handled?
The case of Grau v Grau, 780 Fed.Appx. 787 (11th Cir. 2019) is an excellent example of Urban Thier & Federer, P.A.’s prowess in this area of the law. This is a publicly reported, precedence setting United States of America federal appellate court decision. The father of our client’s twin children filed a Hague petition to have the children returned from Florida to Germany. The father outspent our client 5 to 1 on lawyers holding themselves out as Hague Convention/ICARA authorities. Urban Thier & Federer, P.A. attorneys Patricia Lee and John L. Urban handled the trial, with the trial court ruling in favor of our client. The father then added an appellate attorney to his legal team to appeal and challenge the trial court’s ruling. In a published opinion, that now serves as precedence for similar cases throughout the United States, the appellate court (the United States Court of Appeals for the Eleventh Circuit) unanimously affirmed/upheld the trial court ruling.
What If I Am Not Sure How To Proceed And Still Exploring My Options?
We are happy to discuss your case and to review your specific facts to determine whether we are willing to take on your particular case and work with you. This initial review is of no charge and you have no commitment to us unless and until we have entered into a formal written Legal Representation Agreement to handle your case.
Is There A Statute Of Limitations/Prescription Period/Time Bar For Taking Legal Action?
For Hague Convention cases, time is of the essence. There is no advantage to waiting to take action. Important time considerations include the one year mark after the date of wrongful removal or retention. If you fail to take action within one year, your burden to prove that the child’s habitual residence is not the new country is significantly higher. Candidly, every passing day increases the burden to prove that the child has not become acclimated to the new country. Again, time is of the essence in these cases and they move quickly through the court system, in a matter of a few short months from the date of filing.
What Are The Next Steps If I Want Urban Thier & Federer, P.A. To Represent Me To Petition A Court For The Return Of My Child Or To Defend Me From A Petition Served On Me For The Return Of My Child?
If you are interested in having Urban Thier & Federer, P.A., review your case, then please contact us via our Contact Us form, telephone, Chat, etc. There is absolutely no charge for us to evaluate your case. All communications with us are protected by the attorney privilege regardless of whether or not we accept your case. If we agree to accept your case, we will send you our standard written Legal Representation Agreement clearly setting forth the terms of our representation.
We encourage all prospective Hague Convention clients to do their own independent research. You should not hesitate to ask any attorney or law firm that you are contemplating hiring for their experience, examples or actual cases handled, etc. We are confident that the more educated you are as to your options, the more you will see the value of working with the Urban Thier & Federer, P.A., legal team.
Our Office Can Assist You
In the event you find yourself victimized by child abduction, our firm is committed to providing you with experienced, knowledgeable and compassionate representation, and is able to work with a network of attorneys abroad, should the need arise. Call 212-257-0898 or contact our firm online to speak with our attorneys.
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