Where a Child has Been Abducted Internationally to the U.S.

Where a child has been abducted internationally to the U.S. it is important that you find a lawyer  in the U.S. to assist you as soon as possible.

A fundamental purpose of the 1980 Hague Convention on the Civil Aspects of International Child Abduction is to protect children from abduction to foreign states. There are presently approximately 73 countries or territories who are treaty partners with the U.S.  The Hague Convention is civil rather than criminal in nature.

U.S. laws like the Uniform Child Custody and Jurisdiction and Enforcement Act and the Uniform Child Abduction Prevention Act may offer alternative remedies or apply even where the Convention does not.  For instance the Uniform Child Custody and Jurisdiction and Enforcement Act may apply to a child over the age of 16.  Similarly there are circumstances where the Convention may apply but the Uniform Child Custody and Jurisdiction and Enforcement Act or other U.S. laws do not.

The determination of which legal mechanisms apply and should be used for the return of an abducted child is case specific and should be made as soon as possible with the assistance of an attorney based upon the facts of the case.

Family Court Requirement to Complete a Parenting Class (Parenting Education and Family Stabilization Course)

Pursuant to Florida Statute Section 61.21 and Miami-Dade County Administrative Order 14-05 all parties to a dissolution of marriage proceeding with minor children or a paternity action that involves issues of parental responsibility shall be required to complete the parenting course prior to the entry of a final judgment by the Court. Additionally, all parties to a modification of a final judgment action  involving a parenting plan or a time-sharing schedule may be required to complete a Parenting Course prior to the entry of an order modifying the final judgment.

All parties are required to begin a Parenting Course as expeditiously as possible.  In dissolution of marriage actions with minor children: (1) Unless excused by the Court, the Petitioner must complete the course within 45 days after the filing of the petition. (2) All other parties must complete the course within 45 days after service of the petition.  

The Parenting Class is offered on-line: 

http://www.floridaparentingclass.com/

http://www.flaparent.com/

http://www.parentingchoice.com/

You can also complete the class on-line or in person at the various Miami-Dade College campuses.

Miami-Dade County Status Quo Temporary Domestic Relations Order

Miami-Dade County has a Status Quo Temporary Domestic Relations Order (Administrative Order No. 14-13)  in place that applies to all original dissolution of marriage or paternity cases.  The Order automatically applies on the filing of a new case with  the Court and remains in effect during the case until modified by the Court or a final judgment is entered.  It is meant to educate the parties as to some of the problems, duties and responsibilities that arise in such actions.  

The Order has provisions forbidding relocation, calls for the voluntary payment of child support, sets forth shared parenting guidelines, requires a parenting course, requires mediation, governs the conduct of the parties, controls the disposition of assets, forbids concealment or destruction of personal or business records, calls for insurance policies to be maintained, and puts restrictions on taking additional debt that binds the other party.  The Order is subject to Judicial Enforcement and a party may be sanctioned for non-compliance with it.  The Order should be reviewed by the parties at the inception of a dissolution of marriage or paternity case to ensure compliance with it.  Where the other party does not comply it can be used effectively to seek relief from the Court.