This is such a beautiful story! I had a very similar kidnapping I got to help with a few years ago pro bono as a paralegal. But it was interstate (California to Nevada). She hadn't seen her daughter for 2 years, and was too poor and too insecure to get the right help, until we found her. We got her daughter back within weeks. It's such a shame. Didn't the UCCJEAA apply in your case? Why didn't he go to jail?
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That's awesome! I don't often get to talk to other people who have the experiencing of working one of these cases.
To your question of the UCCJEA: I am not 100% confident in my answer because I am not a family law attorney and this was my first exposure to this whole area of law. But I did look into as best as I could. What I gathered was that because it was international the Hague Convention (implemented by US Congress through ICARA) controls. I think if the countries had been reversed--taken from US to Canada and being returned to US--then the UCCJEA would come into play after the children were returned. Also, the parents are not actually divorced yet and there has not been any custody order. In a Hague petition case, the courts have very specific authority and are not actually making any custody determinations. They can only order that the children be returned to the country of their "habitual residence" before the wrongful taking/retention. Canadian courts will now decide what happens.
Thanks for the engaging comment!
You know what, that sounds quite right. It's sort of a grey area because since it's international, then the Hague would step in. And all they would require would be a return of the children. And UCCJEA would not apply here, as previous residence was Canada. However, I wonder if she could have implemented it in the US since the children resided there for more than 6 months....I don't know. It gets sticky.
But I'm just impressed you guys put the heat on this SOB. Seriously, poor poor mama and her poor little babies! My heart just breaks for her, and I can't imagine how dreary that must have been. And what a huge rescue you were able to do. Awesome job you two. I hope you tell us more stories in the future!
Also, I like your byline "husband, father, friend, lawyer, woodworker, in that order" That is pretty cool. Lucky family to have you. I'll be looking forward to reading more of your posts. They are very thoughtfully written.
I actually do a weekly show and would love to feature you sometime, so I'll keep you on my watch list. If you don't hear from me, come visit me on my discord channel and message me. Here's an invitation if you have a minute to hop over. https://discord.gg/eYqN8Yy
I give instruction and coaching to noobs.
Splendid comment, thank you!
Yes, the threshold for the "well-settled" defense in a Hague case is 1-year. And even then, the Court has discretion to grant relief.
I really appreciate your kind and encouraging words. I have joined the discord channel and will be keeping an eye on it. I see that I missed a party already!
I'd love to. I have been thinking about seeking out some collaboration opportunities here on Steemit. Is it a talk show? Are previous weeks archived somewhere? I look forward to further interaction!
Cheers.