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The Hague Convention and International Child Abduction: An Overview
The Hague Convention on the Civil Aspects of International Child Abduction (Oct. 25, 1980, T.I.A.S. No. 11670) is not a vehicle for deciding child access questions. Instead, its main purpose is to ensure that abducted children are returned to their country of habitual residence. It presumes that custody and visitation disputes are properly resolved in the country where the child habitually resides. The Convention applies in cases where: 1) both the country of the child's habitual residence and the country to which the child was taken have acceded to the Convention; 2) the child in question is younger than 16 years of age; and 3) the child has been “wrongfully removed or retained” in breach of rights of custody under the law of the state of the child's habitually residence.
The Convention provides both an administrative and a judicial avenue for parties seeking relief. These two remedies are not mutually exclusive; the aggrieved party may pursue one or both of them. Administrative assistance in securing a child's return can be obtained by making an application to the designated Central Authority in the nation where the child habitually resides, or in any other nation that is a party to the Convention. The United States has designated the State Department's Office of Children's Issues in the Bureau of Consular Affairs as its Central Authority.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.