A couple of months ago I shared that I was taking on a case involving two internationally kidnapped children. I'm a lawyer and I really enjoy being able to take on meaning assignments pro bono (for free) that stretch skills as an attorney and bring significant changes to people's lives. This Definitely met those criteria.
My client, the mother, is Canadian. Her and the father had separated but maintained an amicable relationship for the children. That is, until August 2017. What was supposed to be a 2-week visit to the father's house in the United States turned into a nightmare for my client.
At first, it was just the usual "let me just keep them another week." But then he stopped answering calls. Then he stopped responding to texts and emails. Two weeks turned to four then she learned that the children had been moved from Michigan to Indiana and were enrolled in a school. This is when she first realized that the father had no intention of returning the children. I can only imagine that instance heart drop.
She found her way to my firm in February. That is six months of not even being able to talk to her two and five year daughters. In fact, she was forced to miss a birthday. Her youngest is now three. Six months of bouncing from one government agency to the next begging and pleading for help. Shouldn't this be easier to fix?
When we--myself and two of my colleagues--got connected with her and this case we moved swiftly and aggressively. None of us knew anything about kidnapping, let alone international kidnapping. The other two attorneys in my team aren't even litigators. Still, we knew something had to be done and we felt confident that we could help.
We spent a week or two learning everything we could, both factually and legally. Once we were ready to file we went full speed and did not pull any punches. It paid off because we got the court to grant an ex parte temporary restraining order, which is a preliminary relief instrument that is rarely given in the United States. I should mention that there had been multiple attempts to resolve this peacefully, including having an agent from the U.S. State Department call the kidnapping father.
The Judge set a date for both sides to meet and try to work towards a resolution out of court. But from the time we initiated the lawsuit, a lively back-and-forth battle was being waged. Both sides were pulling out the rule book on this one. So maybe you can imagine our surprise when the father's attorneys opened up the meeting by saying that he was agreeing to return the children to Canada!
Whoa. This was an attorneys-only meeting, so it was naturally less emotional than if the parents had been there. There were some concessions they were hoping to gain and we did tentatively agree to a few things. But this change of heart was brought on by his attorneys realizing and convincing their client that they had no case. Not to mention the fact that the judge is authorized to require the father to pay all of our attorneys fees if we win at trial (even thought we took the case for free, we still keep a record of how much it would have cost a paying client for our time).
It took a few days to coordinate logistics, but today was a cheerful day of a mother being reunited with her two young daughters. A lot of tears were shed and a lot of smiles shared. That first hug looked like it would never end. It was perfect.
All facts and pictures are being shared with consent.
Until next time, be blessed.
Sam
Image Source: Taken by me
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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?
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.
THANK YOU for fighting for the right, for truth and for justice and THANK YOU for doing this pro bono.
THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU.
As a non-custodial parent who's been drained via legal fees (because that is allowed in the US whether facts are presented showing the plaintiff is lying or not), I want to see and CELEBRATE GOOD LAWYERS.
I'm not saying all lawyers should work pro bono. I am saying, resolution shouldn't be stretched out simply to line the pocketbook of the lawyers involved. Loopholes are exploited continuously in the legal systems today.
I'm so glad this had a happy ending, for we know it could have ended far worse.
THANK YOU AGAIN for doing this. THANK YOU SO MUCH for highlighting it.
We need to hear about more attorneys who are doing the honorable thing by their clients.
Did I say Thank You?
Your comment really touched me. This encouragement means a lot. I am so sorry to hear that you are yet another victim of the abuse of greed at the hand of lawyers. I am fortunate to work with really honest and decent people, but I have come across some very shady attorneys. I am sometimes asked to come speak to current law students or undergrad students wanting to go to law school and I always tell them that we don't need more lawyers. We need more honest and healthy lawyers. Thank you for stopping by and I really hope that the drain on your resources stops!
I'm glad this story had a heartwarming ending and that you could be apart of it all! I'm sure it felt good to be able to help this family in the way that you did ♡ I remember being reunited with my mother after quite a long separation, not quite as serious as this situation, and I was a little older; but it was a moment I won't soon forget. Blessings!
Big time. The feeling of having them back together was totally worth it. Thank you for sharing a piece of your story and for offering your kind words!
Bless you for putting yourself forward to make this happy ending. It turned out to be fairly straight forward, but for someone who can't afford a lawyer it would still have been out of reach.
Thank you for the kind words. And yes, it is sad that often the solution is totally out of reach for someone without an attorney. I'm glad we were able to offer our services pro bono, but it many situations, it is a huge financial burden.
I basically carried out a kidnapping, which fortunately was resolved quickly. We admire your help for free as a professional, believe me that everything I do will be restored to life. regards
Thank you for your comment and being open to sharing a piece of your story. I am happy to do what I can to help!
I admire your support for free, a great gesture my friend .. You are a wonderful being! And what a happiness that could be solved quickly. I invite you to look at my last post where I show what with the benefits obtained here we do, bring food to children who live on the street. I hope to count on your support to keep it possible.
Thank you for the encouragement. And thank you for the good work that you do. Keep it up!
AWESOME
This post was upvoted and resteemed by #thethreehugs. Thank you for your support of @familyprotection.
You will find my active post here: #thethreehugs
Hey! Thanks for the support.