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.