This is a sample written summation useful for attorneys working on child support willfulness cases/hearings.
This is a sample written summation useful for attorneys working on child support willfulness cases/hearings.
Motion to Dismiss Regarding Grandparent’s Rights to Visitation
This resource page houses a sample notice of motion, affidavit and affirmation in support of
This resource page houses a sample notice of motion, affidavit and affirmation in support of a motion seeking an order dismissing a Petition for Visitation.
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 left-behind parent petitioning for the return of the child in a Hague Convention case (the “petitioner”) may also make a criminal complaint in the left-behind country, alleging that the other parent (the “respondent”) kidnapped the child. Attorneys should be aware that criminal parental kidnapping charges may be pending against the respondent, regardless of the outcome of any Hague Convention litigation. Attorneys should consider how such charges may impact a Hague Convention proceeding, and should ensure that 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.