What Are the Different Types of Stalking Crimes and How to Deal With it

April 13, 2013

In legal terms, stalking refers to obsessive and unwanted attention or surveillance that is directed toward a person or group of people. In the 1990s, the United States was one of the first countries to make stalking illegal, and since then a few types of stalking crimes have been recognized. The three major types of stalking include online stalking, phone stalking, and physical stalking.

Cyberstalking, or online stalking, occurs when an individual uses the Internet or some other kind of technology to stalk or otherwise harass victims. Although it is a relatively new concept, incidents of cyberstalking have prompted new laws that specifically outlaw online stalking. In the United States, California was one of the first states to outlaw cyberstalking.

Some online stalkers create a website, blog, or online profile in their victim’s name. With this, they can post false information or make fake threats to a third party. In one example of this, two Florida teenagers were arrested and charged with aggravated stalking after creating a fake profile on a popular social networking site under a classmate’s name, where they posted lewd photos and messages.

The Internet is a wealth of information for stalkers. With it, they can monitor an unsuspecting victim’s activity several ways, especially through social networking sites. In addition to their full names, addresses, and birth dates, many users also post information such as email addresses, phone numbers, or even where they will be and what they are doing at any given moment. This information can be used in a variety of ways.

Online stalking crimes often lead to phone stalking or physical stalking. Individuals who engage in phone stalking often call their victims at all hours of the night and day. Sometimes these calls can be threatening or sexually explicit, while other times they are just annoying to the victim.

Experts agree that the best method of dealing with these calls is to ignore them. Victims of phone stalking crimes are typically advised against answering the calls, but to record when they come in. It is also suggested that they report the harassing phone calls to their phone companies, as well as local law enforcement officials. Many police departments can’t do much, however, until some sort of physical contact has been made.

Physical stalking crimes are believed to be the scariest and most dangerous of the types of stalking crimes. Individuals involved in this type of stalking will often follow their victims, sometimes even showing up at their homes or places of business. Although the stalker may start by simply watching the victim or possibly leaving gifts for him/her, this type of behavior can possibly escalate into more dangerous behavior. It is not uncommon for these types of stalkers to vandalize a victim’s home or car, or even physically attack the victim.

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Parental Child Abduction to Ukraine and Russia

November 5, 2012

Child kidnapping is a crime that happens with frightening regularity. And it often involves the parents. Sometimes a Ukrainian-born mother cannot adapt to her new life abroad and returns to the safety of her native Ukraine, taking along her child without the father’s consent. Or a divorce has gone wrong, and the mother takes the child back to Ukraine despite a court order that allows the father visitation rights.

In any case, domestic child kidnapping is a fairly common event that carries criminal consequences for the offending parent.

As a general rule, the Ukrainian Interpol Bureau, a part of the Ministry of Internal Affairs of Ukraine, should take action based on Interpol notices for missing children and kidnapping parents. This warrant information is also shared with the Ukrainian State Border Control Service. Unfortunately, there is no national coordinating agency for such searches. The State Execution Service of the Ministry of Justice of Ukraine enforces related court decisions on a case-by-case basis and the Court’s Execution Service involves other relevant agencies, such as local police or children’s services. The entire system is quite bureaucratic and unpredictable, and often precious little gets done in the way of returning the child to the foreign parent.

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Texas: Expert says parental child abductions are on the rise

September 27, 2012

Source: University of Houston

Attorney Pamela Brown discusses pursuing justice across international borders

 

Pamela Brown, director of the Bi-National Family Violence Project at Texas Rio Grande Legal Aid, told law students that international parental kidnapping cases have become more common in recent years during a noon-hour gathering today at the University of Houston Law Center. Texas Rio Grande Legal Aid is a non-profit organization that provides free legal advice and representation to low-income residents in southwest Texas.

“Abduction rates are increasing in part due to globalization,” Brown said during the talk hosted by the Immigration and Human Rights Law Society. “The relationships of families do not end at international borders. We do not have an exit control nor would we want one. We are an international society.”

Brown noted that international parental abduction has increase by 65 percent in the United States from 2005 to 2009.  In addition, nearly one third of the children in the United States abducted by a parent end up in Mexico.

“Hundreds of Texas children are abducted by a parent every year and taken to Mexico,” Brown said. “Most of the left-behind parents don’t know where to go for help and do not have access to legal help.”

According to Brown, there are two legal frameworks for handling such cases: Internal custody litigation and the Hague Abduction Convention. Under the Hague Abduction Convention, an international treaty concluded in 1980, parents can petition for the return of their children through the civil courts. Mexico and the United States have signed the treaty and each has a government office specifically to deal with these cases.

Brown handles roughly 12 international parental kidnapping cases a year and has helped recover more than 50 children since 2001. She also runs training programs for law enforcement, social workers and lawyers across the state to prepare them for handling such issues.

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Man gets 60 days in child abduction case

September 11, 2012

Source: napavalleyregister

A 31-year-old man, arrested this summer at San Francisco International Airport as he allegedly tried to fly to the Middle East with his two young daughters in defiance of a court order, was sentenced Tuesday to two months in Napa County jail.

On July 12, authorities said, Alwawi was detained as he allegedly tried to board a plane with his two daughters to fly to Chicago and then to Amman, Jordan, in defiance of a child abduction prevention order, according to court documents.

His wife, from whom he was separated, had obtained the court order because she had become increasingly concerned that her husband wanted to leave the country with their two girls, according to court filings.

In September, Ahmad Alwawi pleaded no contest in Napa County Superior Court to two counts of child abduction.

A no contest plea, during which defendants neither admit nor dispute a charge, has the same immediate effect as a guilty plea in sentencing hearings.

On Thursday, prosecuting attorney Holly Quate said the 60-day sentence was “fair given the circumstances.”

Alwawi, an unemployed certified public accountant, had found new employment in Saudi Arabia, according to court filings. But he wanted his wife to leave behind her two older children from another relationship, court documents said.

Alwawi was separated from his wife in July, when he allegedly took his girls’ passports  his wife had hidden in an air conditioning vent, according to the probation report.

Alwawi, according to the report, expressed remorse for his actions and stated he has “lost everything.” His plan, Alwawi told the probation officer, was to show the three $8,500 plane tickets to his wife and return them for a refund, according to the court filing.

“The defendant said he then planned on returning home to show his wife that he had the ‘opportunity’ to leave and take their children, but he did not leave because ‘that’s how much I loved’ her. The defendant said he was ‘thinking with his heart and not his head,’” the probation officers wrote.

On Tuesday, Napa County Superior Court Judge Mark Boessenecker also sentenced Alwawi to serve 140 hours of community service and remain under probation for three years. Alwawi also has to obey a family court order, which includes staying away from his wife and two daughters, the judge ruled.

A family court judge on Sept. 30 ordered that Alwawi can only see the two girls three times a week for three hours under supervision.

Alwawi, a former Napa resident who now lives in Benicia, reports to jail on Dec. 1.

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The Hague Convention – Warnings over parental child abduction treaty

July 22, 2012

Source: BBC

An international treaty designed to ensure the swift return of children abducted abroad by a parent needs to be implemented faster, researchers say. A study suggests the proportion of returns under the Hague Convention on child abduction fell between 2003 and 2008 and that cases took longer.

Cardiff University Professor Nigel Lowe says his study sends “warning signs” about the treaty’s overall performance. The body overseeing the treaty says it relies on members to operate it well.

The Cardiff study compared figures from 2008 with those from five years earlier and found there was a 45% increase in the number of applications to get children back, that the proportion of returns had declined and cases took longer to resolve.

“I’m particularly concerned with the time which I think is the essence of Hague cases,” said Professor Lowe, describing himself as a “big fan” of the convention. ”The finding that they are taking longer to be dealt with for me is a worrying one and one that I wish to see addressed.”

Constitutional vs. International lawThe Hague Convention requires an abducted child to be sent back quickly to where they usually live, which is viewed as the best country to decide on matters such as custody and access.

Continue reading the main storyAbduction: what to do

• Seek advice from a family lawyer and request an order stopping the child from being removed from the country
• Contact the police if the abduction is expected to take place within the next 48 hours
• Keep the child’s passport in a safe place
• Call the Foreign Office’s Child Abduction Section on 020 7008 0878

Source: FCO

A judgement on whether or not to return a child should ideally be reached within six weeks of court proceedings starting.

There are some exemptions – for example where there’s a “grave risk” that a child would be exposed to “physical or psychological harm”. Yet cases can take years to resolve with some never resolved at all.

One man who’s been trying to get his daughter returned from Mexico for almost two and a half years told Radio 4′s Face the Facts an “amparo” had held things up. It is a part of Mexican law that recognises a citizen’s constitutional human rights.

“They told me they are going to hear this amparo in July last year, then they said they are going to push it back to August, then September. So until they decide about the amparo then nothing happens,” the man said.

Mexico is a fellow signatory to the Hague Convention with the UK. Its Deputy Ambassador in London, Alejandro Estivil, said its supreme court had clearly resolved that constitutional law took precedence over international matters but insisted the country took its obligations seriously.

“I can guarantee that Mexican authorities are trying in every case to comply with the Hague Convention and be as swift as possible,” he said.

Consensus-based process”I think one has to acknowledge that the convention is not perfect and it isn’t implemented perfectly everywhere”, said Professor Louise Ellen Teitz, First Secretary of the Hague Conference on Private International Law and who is responsible for the treaty. “There are more cases and fewer resources.”

Continue reading the main story“Start Quote

If we go pussyfooting like this all the time, nothing is ever going to change. We need to be much more firm”

Lady Catherine MeyerParents and Abducted Children Together

Professor Teitz said the convention relied on its members to operate it well. There are around 200 legal jurisdictions in the world. Only 87 of them are signatories to the Hague Convention, with no penalties for those that do not follow the rules. The process depends on international diplomacy to encourage poorly performing countries to improve.

“We are very careful never to name names or to seek to criticise or stigmatise”, said Lord Justice Thorpe, the head of international family justice for England and Wales.

“The whole process depends on consensus so you hope always that you can uplift some country that’s not performing so well, by either example or by direct aid.”

But Lady Catherine Meyer – whose two sons were detained overseas by her ex-husband 10 years ago and who now runs the charity Parents and Abducted Children Together – said the time for diplomacy alone was over.

She said she would like to see countries named and shamed and thrown out of the convention if they do not stick to it. ”If we go pussyfooting like this all the time, nothing is ever going to change. We need to be much more firm.

“The Hague Convention is better than nothing but it is absolutely not fool proof and some countries do not abide by it the way they should.”

You can listen Face the Facts: The Stolen Families on BBC Radio 4 at 21:00 BST on Sunday 22 July and on BBC iPlayer.

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Contact with your child who lives in another country

July 7, 2012

Source: Bregmans

What are your rights if you live on one continent and your ex wife (or girlfriend) and your child live on another? In certain circumstances, what follows applies equally to fathers of children born out of wedlock.

As is spelt out in the Children’s Act 0f 2005 (the Act) ‘…in all matters concerning the care, protection and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied…’

The father of a child whose son lives in another country enjoys what are called ‘full parental responsibilities and rights’ in respect of the child. These include the right to be involved in his day to day upbringing, his care and to maintain contact with him.

The Act contemplates the situation where the parents of a child live on different continents. It prescribes what factors must be taken into account in these circumstances so that the best interests of the child standard is applied. These include:

o        The capacity of the parents to provide for the needs of the child, including emotional and intellectual needs;

o        The likely effect on the child of any change in the child’s circumstances, including the likely effect on the child of any separation from a parent;

o        The practical difficulty and expense of a child having contact with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with the parent on a regular basis;

o        The child’s physical and emotional security and his intellectual, emotional, social and cultural development;

o        The need for a child to be brought up within a stable family environment;

o        Guiding, directing and securing the child’s education and upbringing, including religious and cultural education and upbringing, in a manner appropriate to the child’s age, maturity and stage of development;

o        Guiding, advising and assisting the child in decisions to be taken by the child in a manner appropriate to the child’s age, maturity and stage of development;

o        Maintaining a sound relationship with the child.

The reality may be that you live and work in (say) Australia and your ex lives and works in South Africa. On that basis you are likely to see your son only three weeks per year. The result is that you miss out on his development (that new tooth, haircut and soccer kit). Applying the best interests test it is essential that you speak to your son over the phone regularly and that your ex keeps you up to date with all significant events in your son’s life. There is, of course, no substitute for real visits but these chats and updates could sustain father and child in between their face-to-face visits.

On that basis (and in an ideal world), you should try to get your ex to co-operate in the following respects:

o        As you live in Oz it is in the best interests of your son to supplement periodic in-person visits with you through contact with your son via telephone, fax and web-based communication by means of camera-computer technology and regular emails;

o        You should have liberal telephone privileges and Internet access to your son during reasonable hours. Depending on his age your ex should assist your son when you and the child participate in video conferencing, telephone calls or the exchange of emails;

o        Until he can read and write, your ex should undertake to send regular emails to you on behalf of your son and to print all emails and faxes sent by you to the child. You ex should shall keep these in an appropriately marked folder and read them to your son whenever received and when asked to do so thereafter;

o        Your ex should encourage communication between father and son on your son and your respective birthdays, on Fathers’ Day and Christmas day (unless any of these days coincide with your contact time with the child);

o        You should have all reasonable contact with your son provided that such contact shall be exercised in his best interests and shall create the minimum degree of disturbance to his routine, educational and necessary extramural activities. The dates and times of personal visits shall be agreed upon by the parties to suit both parent’s work schedules;

o        The parties must agree to any changes in schooling, extracurricular activities, or religious instruction and to any non-emergency medical care;

o        Your ex should keep you informed of the identity of the child’s teachers, day care providers, medical providers, psychiatrists, psychologists or mental health counsellors;

o        Your ex should inform you of any of your son’s school, church or extracurricular activities to which parents are invited. If you cannot attend your ex should take digital photographs of the event and email them to you. This shall apply to your son’s birthday parties as well;

o        Your ex should inform you in advance of any extraordinary medical and other treatment necessary for your son and keep you fully up to date with all developments concerning the child’s well being;

o        Your ex should  inform you of any changes in her physical address or of any changes in your son’s living environment (such as your ex’s getting re-married or setting up home with a partner);

o        Failing agreement between them the parties accept that court proceedings are detrimental to the best interests of the child, are destructive of the relationship between the parties and the child and litigation and threats of litigation should, where possible, be avoided.  Accordingly the parties shall use their best endeavours and shall seek to resolve any differences and/or disputes between them in relation to the child, in a friendly and civil manner and if necessary, the parties shall have meetings with a view to resolving such disputes. If the parties cannot agree upon an area of dispute (such as a modification of the child’s schooling, extracurricular activities, or religious instruction or to any non-emergency medical care) they agree to mediate the dispute and to share the mediator’s fee equally;

o        Obviously, the arrangement between the parents may change from time to time. To ensure that the best interests of the child is the paramount concern in all matters affecting the child, the parties will remain entirely flexible regarding parental responsibilities and rights and care of the child and contact with him.

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How To Spot Signs Of Potential Parental Kidnapping

Source: Garett Law Group

As indicated by the Department of Justice, around 200,000 kids are subjects of parental kidnapping year after year. Six percent of such parental kidnapping incidents are open for six months or longer. Regrettably, some never have been closed at all.

This is a incredible, albeit sobering, fact. The individual who a parent should be able to trust with their children, the other parent, their spouse, can also grow to be so cold and callous as to betray the trust of not only their significant other, but the trust of their own child!

Parental kidnapping does not just up and happen out of the blue. Certainly, the crime itself may come as a shock to most, however you can always find issues that produce the parent’s feeling of desperation and those examples are most always the effect of a recent divorce, as well as loss of the child as a result of a child custody hearing.

What is Parental Kidnapping, Exactly?

To determine parental kidnapping, the parental right of child custody must be discussed first. The reason being is the parent that is determined by the judge as the child’s legal guardian and/or granted child custody, can by law take that child anywhere they desire within reason.

Child custody starts and ends with the true biological parents of a child. Void of any unique mitigating factors, parents can make almost all decisions involving how, and in addition where, they opt to rear their child. The parent has the legal standing to choose the child’s education, their healthcare, religion and the topic at hand, location of the child’s home. The laws are quite clear and parents do not need to petition the court for legal right to make one of these selections regarding their child.

The issues that reflect back regarding parental kidnapping and which parent is the victim surrounds those particular mitigating issues. Of which, there are several. Although these factors could be a parent’s ability to make these selections, both legally and rationally, has come under question due to their mental capacity, or even their physical capacity. For example if one parent was experiencing dementia, or was in the penitentiary, stationed in a foreign country, etc. In this sort of situation, attorneys would ask the family court for a child custody hearing. The complexities could be limitless, however it typically involves just one – divorce.

Parental Kidnapping and The Role Divorce Plays;

Divorces concerning child custody are as challenging and complex as any suit which has. In cases pertaining to custody of the children, lives are held in the balance. The destiny of a child, as well as the absolute heartbreaking loss of one of the two parents taking part lies directly at the feet of the judge. Custody is a significant hearing in the lives of families concerned.

When a divorce has been filed, the divorce attorneys for both parties will talk about child custody, may it be joint custody or sole custody, visitation rights, financial obligations, health care insurance coverage for the child, child support and numerous additional details still to be haggled over in family court. Unfortunately, when there is no common agreements made regarding joint custody between the mother and father, one will certainly walk out of court having lost their entire family with one stroke of a pen.

Having lost legal custody of the child, the parent has a diminished legal right to make selections in connection with the rearing of that child. From that moment on, any right of that parent is permitted primarily depending on any stipulations decided on by the parties, divorce lawyers and ordered by the court. This may often be more emotional distress than a person might tolerate. It is this experience which could very well stimulate this usually reasonable and rational person to commit a totally illogical and non-rational offense – parental kidnapping.

When, one parent, voluntarily and knowingly takes a child with the aim to deny the custodial parent of their legal rights specified under the judge’s order of child custody, has committed the crime of parental kidnapping. It matters in no way what county, what city, nor what state somebody suspected of parental kidnapping might go. Under the federal laws that oversee such cases, the Parental Kidnapping Prevention Act rigorously enforces the child custody decision made by the judge of any and all states. Every state will value, uphold and honor the child custody decision of another state.

What to Watch For;

If you, or somebody you know or cherish has recently, is presently suffering through a divorce which entail child custody, there are particular warning signs you, or they, have to be on the lookout for to possibly avoid being, and the child being, the victim of parental kidnapping. Through the procedure, if a parent starts to reveal the appearance of not being emotionally, or mentally intact as they once were, advise your divorce lawyer of this and let it be known and documented. The person might indeed be in need of mental help or counseling to be able to better manage the events unfolding beyond their control. It is logical, though having said that, be on guard.

An additional signal to look out for is after the proceedings have all happened and things have to some degree calmed down, the parent begins returning the child from visitation later than arranged. It is wise to have your divorce lawyer make the periods of visitation recorded in the court papers. Each party should recognize and agree on these times and they should be respected and enforced. If the time of return begins to be an issue, politely remind them of the order of the court and call your divorce attorney and ask his or her guidance on the problem at once.

Anytime the parent says or does something that remotely implies there may be a concern, or if they ever threaten in anyway the possibility of not returning the child, or “taking the child away and you never see them again”, without delay end all contact with the parent and promptly call your divorce attorney and the police. Never take this sort of threat as a joke and never allow your child go away with the parent unsupervised again. Have your divorce attorney ask the judge for the visitation rights to be suspended and/or supervised.

In The Event Of Parental Kidnapping;

Should the parent has left with your child without any reason that you weren’t made previously aware of, there might be an issue and you need to start calling the other parent immediately. After a couple of phone calls and no reply and no return phone call, call law enforcement and have them go to the parent’s house to check things out. Don’t go by yourself! Anything might happen when dealing with someone perhaps volatile. At the first indication of parental kidnapping, call the police. The faster the authorities can start working on the case, the better the likelihood of a speedy reunion with you and your child.

Typically, the wronged parent does not want to believe their ex might be capable of parental kidnapping. It is this refusal that allows critical minutes and hours tick away and the child to get further and further away from home. Again, parental kidnapping occurs 200,000 times each year, according to the Dept. of Justice. Take notice, be on guard, do not tolerate threats and your child won’t become 200,001.

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Parental Child Abduction: How to Find a Good Child Custody Attorney / Lawyer

A good lawyer is an investment, and often the difference between win or loose. You will need a lawyer who specialize in international parental child abduction. This is the most important momentum in IPCA cases.

Divorce and parental child abduction is a very hard process in itself. And when the children are involved it’s always difficult. And fight for the rights to have the custody over a child may be a very important fight in a person’s life. But courts try to consider all the facts of the case and try to make the best decision for a child. This decision should benefit to a child greatly.

Most people do not have a clue how to find a good lawyer when they need one. In fact, statistics show that 68% of consumers spend two hours or fewer gathering information before selecting a lawyer. The vast majority of consumers report feeling they “can trust” their lawyer is the most important factor in the selection process. 

There are almost as many different practice areas as there are lawyers. For example, a lawyer who practices admiralty law might not be the best attorney to assist a person needing a divorce. Or, a construction lawyer might not be best suited for a real estate dispute.

Our advice is to avoid local lawyers from small law offices. Try to get a well experienced one that are recommended by your local missing children organization.

One of the best resources to find a lawyer that does the kind of law you need is through other lawyers. Everyone should know at least one lawyer they could call and ask for a referral. Even if the lawyer you know practices criminal law and you need someone to prepare a will, the criminal lawyer will be able to give you some referrals in the practice area you need.

There are also referral lists maintained by most local and state bar associations. The downfall of using these services is that there is usually no screening on the qualifications of the particular lawyer with the individual need. It is then up to the consumer to inquire sufficiently into the lawyer’s experience compared to the need of the consumer.

The internet is an extremely beneficial source of locating a lawyer. Many websites maintain directories of lawyers nationwide. Most law firms these days maintain websites and usually you can find those through any search engine. Often lawyers are active in professional or community organizations which may be featured on a website.

The next step is to conduct an in-person meeting with the attorney. The initial interview with an attorney that you are considering hiring is extremely important. Take with you to the interview all of the documents and other information that relates to your problem. Also take with you the names and addresses of the important people that have something to do with your case.

Don’t be afraid to ask your lawyer about his or her credentials. Ask how many cases similar to your’s that she has handled. Prepare a list of questions to ask when you get there – what is the law related to your case? What are the realistic outcomes? What is the lawyer’s philosophy for handling your case? Does she recommend an aggressive approach or one geared more toward settlement?

Consider your comfort level with the attorney and the personal compatibility. Did you get a feeling of trust from the attorney? Did the attorney seem to know what she was talking about? Did the lawyer seem confident about your case? I never recommend that a person hire the first attorney they meet with – always interview at least two attorneys before making a hiring decision.

The next step, once you have decided on an attorney, is to establish reasonable expectations. Many people have never dealt with a lawyer before, so they don’t know what to expect. First and foremost, you should expect frank, honest advice. Your lawyer should point out for you the strong and weak points of your case and give you a realistic expectation of the potential outcomes. She should keep you informed and send you copies of documents pertaining to your case. If a lawyer gives you a guaranteed result, run the other way!!! Lawyers are prohibited from guaranteeing any particular outcome, so be very leery if this happens. Don’t expect your lawyer to act as a psychologist, financial advisor, tax planner, or to give any other advice outside of her expertise. If you need advice in other areas, consult a professional in that area.

Likewise, you should be completely honest and upfront with your lawyer. The best way for your lawyer to protect you is through complete information. Be prompt for appointments and hearings. Some people are not used to having major consequences for tardiness. I have seen more than one judge who doesn’t hesitate to dismiss a case or fine a person for being late to court.

Keep your lawyer advised of your address and phone number. Although this seems simplistic, you can’t imagine how often I have had clients move and fail to tell me. Also tell your lawyer if there are any developments or changes that affect your case.

If a problem arises between you and your lawyer, be open and discuss it. Give your lawyer the opportunity to correct the problem. If the problem can’t be resolved, you have the right to hire another lawyer to help you. Be aware, however, that you shouldn’t make these kinds of decisions too close to a court hearing, as you might not be given additional time to find a new attorney.

A very important aspect of hiring an attorney involves payment of the attorney’s fees. Most attorneys require an initial consultation fee. In other words, you’ll have to pay for the attorney’s time during your first meeting. This fee is usually not more than one hour of the attorney’s time at her usual hourly rate.

During the initial meeting, the attorney should explain the fee arrangement for your case. Most cases are handled on a retainer basis. The client pays a retainer to cover a certain amount of time spent on the case (usually between one and two months of work) and is billed hourly. Most attorneys require that the retainer be replenished when it has been used up. If your case is a simple matter, it may be handled on a flat rate. Most simple wills are done on flat rates. Personal injury cases, like automobile accidents, are based on a contingency fee. The attorney takes a percentage of any collected award – usually between 33% and 40% – and the client doesn’t pay a fee if there is no award.

You should always have a written agreement with the attorney about the fees. Further, make sure you fully understand what you are going to be charged for – like copies and phone calls.

Many people want to know if the attorney can get the fees from the opposing party. The answer is relatively simple – probably not! There are very few instances where the opposing party will be required to pay your attorneys fees. In the rare case where it happens, it will come as a reimbursement at the end of the case for what you have already paid.

If you are a person of very modest or low income, you may contact the nearest legal aid office to see whether you qualify for free legal services. If criminal law is involved, you may be entitled to have the judge over your case appoint a lawyer to represent you.

Souces: ABP World Group Ltd. and Michelle May O’Neil

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Lawyer Liable for $950,000 Judgment in Parental Abduction Case

Source: Lawdiva`s Blog

A lawyer who mistakenly released a child’s passport to the child’s mother, contrary to a court order, has been ordered to pay $950,000 to the father of a child abducted by her client from New Jersey to Spain.

The parents of Victoria Innes, Peter Innes and Marie Carrascosa, were married in Spain in 1999 but resided in the United States. Their daughter, Victoria, was born in 2000. Their marriage ended in 2004. Victoria had both US and Spanish citizenship.

After an acrimonious dispute Victoria’s parents signed an agreement in 2004 that prohibited both parties from international travel with Victoria without the consent of the other parent. The agreement also provided that Victoria’s passport would be held in trust by Ms. Carrascosa’s lawyer.

When Ms. Carrascosa changed lawyers her file was delivered to the new lawyer, however, her new lawyer, Madeline Marzano-Lesnevich, was not aware that Victoria’s passport was to held by her and not released to her client without Mr. Innes’ consent or a court order.

Ms. Carrascosa, a lawyer in Spain, took advantage of the situation, obtained the passport from her lawyer and promptly fled to Spain where she and her daughter stayed with Victoria’s maternal grandmother. Later Ms. Carrascosa returned to New Jersey but refused to return Victoria, alleging the Spanish court had jurisdiction and would not let Victoria leave the country until she was 18-years-old.

In the meantime, Victoria’s father had obtained an American order for custody of Victoria and attempted to enforce it, to no avail. Ms. Carrascosa was charged with contempt of court and interfering with custody and was sentenced to fourteen years in prison, where she has been languishing since 2006, determined not to comply with American justice.

Despite all efforts and the involvement of Spanish/ American judicial mediators at the Hague Court in Holland, Victoria remains in Spain.

Parental abduction is the worst form of child abuse. While the Hackensack court undoubtedly meted out strict punishment, so far it has not motivated Victoria’s mother to relinquish her hold on Victoria.

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One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

Join the Facebook Group: International Parental Child Abduction

NOTE: We are always available 24/7

U.S Phone Number: (646) 502-7443

UK Phone Number: 020 3239 0013 -

Or you can call our 24h Emergency phone number: +47 45504271

Guarding Against International Parental Child Abduction: Part II

Source: divorcelawyerconnecticut

Two Parent Signature Law for a Passport

The United States does not have exit controls on its borders for holders of a valid passport. This makes preventing a passport from being issued to your child without your consent very important. Generally, if your child has a passport, it can be difficult to prevent the other parent from removing the child to another country without your permission.

U.S.law requires the signature of both parents, or the child’s legal guardians, prior to issuance of a U.S.passport to children under the age of 16. To obtain a U.S.passport for a child under the age of 16, both parents (or the child’s legal guardians) must execute the child’s passport application and provide documentary evidence demonstrating that they are the parents or guardians. If this cannot be done, the person executing the passport application must provide documentary evidence that he or she has sole custody of the child, has the consent of the other parent to the issuance of the passport, or is acting in place of the parents and has the consent of both parents (or of a parent/legal guardian with sole custody over the child to the issuance of the passport).

EXCEPTIONS: The law does provide two exceptions to this requirement: (1) for exigent circumstances, such as those involving the health or welfare of he child, or (2) when the Secretary of State determines that issuance of a passport is warranted by special family circumstances.

Children’s Passport Issuance Alert Program

You may also ask that your child’s name be entered into the State Department’s Children’s Passport Issuance Alert Program (CPIAP). Entering your child into the Children’s Passport Issuance Alert Program will enable the Department to notify you or your attorney if an application for a U.S.passport for the child is received anywhere in the United Statesor at any U.S.embassy or consulate abroad.

If you have a court order that either grants you sole custody, joint legal custody, or prohibits your child from traveling without your permission or the permission of the court, the Department may refuse to issue a new or renewal U.S.passport for your child. The Department may not, however, revoke a passport that has already been issued to the child. There is also no way to track the use of a passport once it has been issued, since there are no exit controls for people leaving the U.S.If your child already has a passport, you should take steps to ensure that it is kept from a potential abductor by asking the court or attorneys to hold it.

IMPORTANT TO KEEP IN MIND:

1. The United Statesdoes not have exit controls.
2. The Department of State may not revoke a passport that has been issued to a child, but you can ask a court to hold onto it.
3. There is no way to track the use of a passport once it has been issued.
4. Your child might also be a citizen of another country (dual nationality). Even if he/she does not have a U.S.passport, your child may be able to travel on the other country’s passport.

The Privacy Act and Passports

Passport information is protected by the provisions of the Privacy Act (PL 93-579) passed by Congress in 1974. Information regarding a minor’s passport is available to either parent. Information regarding adults may be available to law enforcement officials or pursuant to a court order issued by the court of competent jurisdiction in accordance with (22 CFR 51.27).

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ABP World Group Risk Management

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