Subscribe to this list via RSS Blog posts tagged in sexual abuse

Hague Convention’s Mandatory Return Rule, Palatine Family Law AttorneyThe Hague Convention is an international law which regulates child custody. One key requirement of the Convention is that a child who is taken across international borders by one parent must be returned. In a recent decision, the Seventh Circuit Court of Appeals affirmed the judgment of an Illinois District Court that stated that evidence of sexual abuse falls within the “grave risk” exception to the Hague Convention’s requirement.

Ortiz v. Martinez

In 2011, a mother of two children, Zulima Martinez, refused to return with her children to the family’s home in Mexico City after a family vacation in Illinois. Julio Ortiz, the father of the children who had returned ahead of the family, alleged to the Court that Ms. Martinez’s action constituted an infringement of the Hague Convention, which makes it illegal for parents to abscond with their children across international borders.

...

Illinois Fathers and Sexual Assaultchild custody, child visitation, Illinois fathers, Palatine child custody attorney, sexual abuse, sexual assault cases, child custody cases

An Illinois law enacted in 2014 denies child custody or visitation rights to men who father a child through sexual assault or sexual abuse, regardless of actual criminal conviction for the assault. Prior to enactment of the new law, a man usually had to either be convicted of, or pled guilty to, any type of criminal sexual assault to automatically be denied custody of, or visitation with, his child.

As previously written, custody or visitation could only be denied if the father had been convicted in a criminal Court of law. Recognizing that many women choose not to press charges against their rapist, and that an acquittal in a criminal Court means only that the prosecution could not prove its case beyond a reasonable doubt – not that the accused was innocent – the Illinois legislature chose to revise the law.

...
 

Call Today at 847.873.6741 for Your FREE Initial Consultation

We Accept:Credit Cards

Address800 E. Northwest Highway, Suite 321, Palatine, IL 60074

Phone847.873.6741     Fax847.221.3626

Facebook LinkedIn

Resources Privacy Policy Disclaimer Sitemap

© 2019 The Law Office of Nicholas W. Richardson, P.C.
800 E. Northwest Highway, Suite 321, Palatine, IL 60074 | 847.873.6741

OVC Logo