Sample Legal Documents for Hague Convention Appeals

Thank you for representing a survivor in a Hague Convention appeal! This page houses sample

Thank you for representing a survivor in a Hague Convention appeal! This page houses sample legal documents for Hague Convention Child appeals. Please also refer to the resource page containing Training Materials for Hague Convention Child Abduction Cases.

Resources on Criminal Issues Related to Hague Convention on Child Abduction Cases

This page houses resources on criminal issues related to Hague Convention Child Abduction Cases. A

This page houses resources on criminal issues related to Hague Convention Child Abduction Cases.

A father petitioning for the return of the child in a Hague Convention case may also make a criminal complaint in the left behind country, alleging that the mother kidnapped the child. Attorneys should be aware that criminal parental kidnapping charges may be pending against the respondent mother, regardless of the outcome of any Hague Convention litigation. Attorneys should consider how such charges impact any Hague Convention proceeding, and should ensure the Hague court is aware of their effect on their client’s ability to return to the left behind country.

Attorneys’ Fees in Hague Convention on Child Abduction Cases

This page houses sample legal documents regarding attorneys’ fees in Hague Convention Child Abduction cases.

This page houses sample legal documents regarding attorneys’ fees in Hague Convention Child Abduction cases.

Where the court orders the return of the child in Hague Convention Child Abduction cases, pursuant to ICARA, the respondent shall be ordered to pay all of the petitioner’s expenses deemed necessary and related to the return of the child, unless deemed clearly inappropriate. Such expenses can include court costs, legal fees, foster care, and transportation costs related to the return of the child. The court will generally use the lodestar method to calculate the attorney’s fees.

The definition of “clearly inappropriate” has been interpreted on a case-by-case basis. Acts of family violence, even if not the deciding factor in the court’s order, should be used to argue that the petitioner’s recoupment of fees is clearly inappropriate.

Respondents do not have a similar mechanism to seek recoupment of their attorney’s fees.