Thoughts on the Hague Convention

In my last blog, we talked about the U.S. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and its application on an international level. The Hague Act can further complicate an already complex situation. To read the actual text of the Hague Convention of October 25, 1980 on the Civil Aspects of International Child Abduction, click here.

In the 21st century, family members often reside in different parts of the world. What happens if the parties live in one country and one of the parents just leaves and disappears with the children? Or, the parties’ relationship is amicable and they are simply trying to understand which country’s laws should govern their separation and divorce?  Click here to read more. 

 

 

The Quagmire of Divorce, International Style

Different states in the United States view custody, jurisdiction and enforcement pieces of a divorce differently. Because of that, there is what is called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). UCCJEA was drafted in 1997 and was adopted by all States except for Massachusetts and Puerto Rico. Basically, the UCCJEA gives exclusive and continuing jurisdiction for custody cases to the child’s home state.

The child’s home state is generally defined as the state where the child has lived with a parent for six consecutive months before the case was started in court. To read more, please click here. 

Parenting Within the Radius

For every thing you have missed, you have gained something else; and for every thing you gain, you lose something” – Ralph Waldo Emerson

Parental relocation post-separation or post-divorce often creates unprecedented challenges for the parent who wants to move, the parent who stays behind, and especially for the children. Most frequently, a dispute arises when the parent with whom the children primarily reside, moves from the residence where they are currently located and far away from “the frequently visiting and involved” parent. For example, if the children’s primary residence is with the mother and the father sees them both during the week and on weekends, what happens if the mother has to move?  To read more, please click here.

Mediating the Multi-Cultural Fugue of Divorce Mediation

Although many of us live in the most multi-cultural State and City in the world, for New York mediators a dispute between participants of unfamiliar cultural, religious and ethnic backgrounds brings unprecedented challenges. In her article on Neuro-Literacy, Pauline Tessler rightly points out that “our clients experience divorce as an extended human transition of operatic dimensions, with emotionally exhausting peaks and valleys involving betrayals, bad faith, and narcissistic wounds that call into question identity, core values, and even the will to survive.”¹ Add to this a mix of centuries’ old beliefs, traditions and rituals, sprinkle it with a committee of advisors, comprised of family, clergy, and community elders, and you get a cacophony of contrasting voices which exacerbate an already looming emotional headache of a human being facing a divorce.  To read more, please click here

As a Small Business, Are You Prepared for the Unforeseen?

A lot of small businesses or partnerships are similar to family. They get together, they’re excited, they start a business. Sometimes the potential partners are friends and sometimes relatives, but  they are both excited about their venture. They work hard for many years and then something goes wrong. The question then becomes how does conflict in partnership disputes get addressed?

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Which Court Do You Go To With a Family Dispute in New York? Part 2

Part 2: The Limited Resources Divorce

As I explained in my last blog,  a  family where one party is just seeking custody, can go to Family Court.  If a person just seeks child support or spousal support, he or she can go to Family Court. If,  however, a party is asking for a divorce, that party must file an action for divorce in a Supreme Court. If  he or she needs a judge to help divide pensions, assets or liabilities, he or she must file in the Supreme Court as well.

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Which Court Do You Go to With a Family Dispute in New York?

Part I: Family Court

New York State is a little unique because there are 2 different types of courts that deal with family issues: Family court and the New York Supreme Court. Though it seems a bit of the opposite, in New York State, a “Supreme Court” court is actually a lower court and not a higher appellate court. 

The highest appellate court in New York State is called, the Court of Appeals.

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