International Child Abduction Mediation
Melissa A. Kucinski Washington, D.C. [email protected] www.mkfamilylawfirm.com
Sponsored by OurFamilyWizard.com Our Family
Father – John Smith Mother – Karla Smith Son – Cameron, age 5 Son – Sebastian, age 3 The Jones Family
Both parents are U.S. Nationals Family began residing in the Hague, Netherlands in July 2016
Father works for Shell Corporation in the Hague Mother does not work Summer 2017
Karla travels to Chicago, IL with both sons to visit her parents for summer vacation
John believes they will return, as scheduled, on August 15, 2017
Cameron is registered to attend the American School in Wassenaar, the suburb where the Joneses live in the Netherlands The “Abduction”
Karla had been unhappy and felt socially isolated as an ex-pat
She felt happy and rejuvenated visiting home in Chicago; she reconnected with family and friends
In early August 2017, she facilitated a Facetime session with John and the boys – thought she saw the reflection of his secretary in the window behind John; suspects John is cheating The Email
John:
You know I have been unhappy about our living situation in the Netherlands during the last year. I only agreed to move to the Netherlands on a trial basis with the understanding that you would help me find a job once it was time for the children to go to school. It’s been a full year, and I have no job, and no prospects of a fulfilling life in the Netherlands. The Email
I met with Mandy (my friend from college at the University of Chicago – you met her and her husband Trent a few years ago), and she offered me a wonderful position working at her consulting firm here in Illinois. It’s a wonderful opportunity that will provide for the children. I hope you consider returning to the United States to be closer to the children. I will send you information about the school where Cameron will start next month soon, and welcome your feedback. John’s Options
Litigation in Illinois - $$$$
Litigation in the Netherlands - $$$$
Litigation in Both - $$$$ + $$$$
A Voluntary Agreement Issue Spotting
Are the Joneses in an “international” case? What if the Joneses were residing in the U.S. and met with you to discuss an agreement that would let them move to the Netherlands?
What if the Joneses were residing in the U.S. and met with you to discuss an agreement that would let the children visit family (or friends) in the Netherlands during the summer? Why does it matter?
Why does it matter if the case has “international” issues?
What issues do you see with the Joneses that are different than a purely domestic family?
What were you surprised about this family? How do you actually categorize an “international” family?
What would you mediate in this case? The Law Treaties 1980 Hague Abduction Convention 2006 Hague Maintenance Convention U.S. laws UCCJEA, UIFSA UCAPA, IPKCA Other Issues Child’s Voice Travel Issues Building a Team International Organizations Hague Conference on Private International Law (www.hcch.net) International Social Service (www.iss-ssi.org) Governments US Department of State (www.travel.state.gov) US Department of Health and Human Services Domestic NGOs NCMEC (www.ncmec.org) Foreign Domestic NGOs Don’t Forget the Lawyer
Domestic Legal Counsel Foreign Legal Counsel International Family Law Consultant Expert Witness on Child Abduction Screening
Where will you get referrals? Power Imbalances Distance, geography, culture, possession of the child, legal systems, violence/abuse
Identifying a Family Educating Potential Clients Pre-Mediation
“Confidential” Mediation Statements? Room Setup Including Lawyers Including Third Parties Pre-Mediation Sessions, Calls, Meetings Pre-Mediation Research Sessions
What will the process look like? How do you structure the process? Where will you mediate? How will you mediate? Who is included in the mediation? Distance Mediation
Online Dispute Resolution – Challenges Time Zones Language Services Ensuring Privacy Information Gathering
What information do you need? How do you prioritize issues? What are the preliminary issues that need addressed first? Ethical Issues
An Agreement to Mediate Traveling to Mediate in another Jurisdiction Mediating Across Jurisdictions Fees, Getting Paid Generating Options
Immigration Considerations Criminal Issues Travel Issues Abduction Prevention Issues Costs Cultural Training & Education Agreement Drafting
Legal Language – multiple jurisdictions Multiple documents (e.g., consent to travel) Translation Enforcement Issues Self Represented Individuals
Questions they will ask Cultural Sensitivity Power Imbalance that you create What Next?
Resources & Programs Work in the Field Credentialing? Contact Information
Melissa A. Kucinski
www.mkfamilylawfirm.com
Washington, D.C.