Maria Sallato Wins Child Abduction Case

Posted by Publisher on

As a result of a three-day trial in front of the Honorable Judge Federico Moreno, of the United States District Court for the Southern District of Florida, Attorney Maria T. Sallato, board certified in Family Law, successfully obtained the return of a three year old child to Canada, under the terms of the Hague Convention on the Civil Aspects of International Abduction. Final judgment was entered on August 31, 2017, Case No. 17-cv-20745-FAM.

( Florida bar – The International Law Gazette – 09-18-2017)

CHILDREN TO HOME STATE UNDER WRIT OF HABEAS CORPUS

Posted by Maria Teresa Sallato on

WRIT OF HABEAS CORPUS FOR THE RETURN OF

CHILDREN WRONGFULLY REMOVED

            When a parent removes a child from one state to another state within the Unites States, the left-behind parent may file a Petition for Writ of Habeas Corpus for the immediate return of the child.

In order for a Florida court to grant the writ for the immediate return of the child, the Court must find that the removal of the child from his/her home state was “wrongful”. The removal of a child is wrongful if it is in violation of an agreement of the parties or a custody order entered in the state of residence. The “custody order”must have been entered in substantial compliance with the due process rights of “notice and opportunity to be heard”.

If your child has been removed from his/her home state and has been brought to Florida without your permission or an order of the court contact Sallato & Associates, PA. We have the experience to know when it will be proper to file the Writ of Habeas Corpus and how to successfully present it to the Florida court.

RETURN OF CHILDREN TO THEIR COUNTRY OF RESIDENCE UNDER THE HAGUE CONVENTION

Posted by Maria Teresa Sallato on

RETURN OF CHILDREN TO THEIR COUNTRY OF RESIDENCE UNDER THE HAGUE CONVENTION

 When a child is kidnapped/removed from another country and is brought to the United States, the left-behind parent may petition the US Court for the return of the child to the child’s country of residency.

The stay-behind parent can file a petition for the return of his/her child under the terms of the Hague Convention. The petitioner must prove that the child was wrongfully removed from his habitual place of residence. A child is wrongfully removed when the left-behind parent is able to prove that at the time of the removal he had “rights of custody” and that they were being exercised at the time of the removal.

The “rights of custody” required under the convention for the return of the child may arise out of an agreement of the parents, a court order or by operation of law. It is important to note that on many occasions a child is removed from his/her country when there has not been a previous court order deciding custody of the child. However, even in the absence of a court order granting custody rights, a parent derives custody rights by operation of law emanating from either the constitution or legislation such as the concept of patria potestas. These rights of custody are to be found in the legislation of the country of habitual residence.

An attorney experienced in the return of children under the Hague Convention should be consulted as a successful petition requires the knowledge of the US and foreign law and must be able to educate the presiding judge on both. We at Sallato & Associates, P.A. have successfully represented left behind parents from Australia, England, Colombia, Ecuador, and Brazil.

RELOCATION OF CHILDREN

Posted by Maria Teresa Sallato on

 RELOCATION OF CHILDREN

Under Florida Statute 61.13001, the parent with majority time sharing with the minor children can petition the Court to allow the relocation of the parent and the children to another place or country. The parent who petitions for the relocation must prove to the Court that the move is in the best interests of the children or the relocating party. The Petitioning parent should adequately prepare in order to present to the court proof of better conditions at the new locations, for example: an offer of a better job, better housing, better school district, better extracurricular activities, better health care, etc. The petition for the relocation of children from their place of residence to, sometimes, another country, requires extremely well prepared and thought out preparation in order to improve the likelihood of obtaining the relocation. We, at Sallato & Associates, P.A., have secured the relocation of children as young as three years old from Florida to Chile and from Florida to Venezuela. In the event the Court approves the relocation, the Court will design a substitute visitation plan with the non-relocating parent that will allow the children to continue to enjoy both parents, even if geographically separated.

Welcome to the blog of Maria Teresa Sallato

Posted by Maria Teresa Sallato on

During the last twenty-three, Maria Teresa Sallato, has dedicated her practice to complex family law cases and international child abductions cases under the Hague Convention.

Of particular importance to her practice is her ability to negotiate a settlement in order to minimize litigation costs as an experienced Florida Supreme Court certified family mediator.

 

El tratado de la Haya

Posted by Maria Teresa Sallato on

El Tratado de la Haya para el retorno de los Niños sustraídos de Colombia ha Sido FIRMADO por 62 countries, incluido Colombia, Con El Propósito de Prevenir el problema mundial de robo internacional de Niños.

El Tratado se aplic en aquellas Situaciones en que unNiño es sustraído de Colombia sin el Consentimiento de UNO de los Dos Padres. Un Caso típico Para La Aplicación del TRATADO ES CUANDO Los Padres de Menor, los cuales pueden estan teniendo Problemas de custodia, el padre o la Madre deciden llevarse al Menor a Vivir un pecado los estados unidos el Consentimiento del otro. Bajo el Tratado de la Haya el servicio debe Menor regresado a Colombia, para permitir que las cortes de familia de Colombia determinen los Mejores Intereses del Niño. Continue reading “El tratado de la Haya” →

UNDER THE “GRAVE RISK EXCEPTION” A CHILD MAY NOT BE RETURNED TO THE CHILD’S COUNTRY OF HABITUAL RESIDENCE By Maria T. Sallato

Posted by Maria Teresa Sallato on

Did you know that under The Hague Convention related to International Child Abduction a child may not have to be returned to the country of origin even if the parent wrongfully removed the child after explicit orders from the Court not to remove the child? Under Article 13 of the Convention, a child removed from his country, in violation of court orders not to so, may not be ordered returned to his country of habitual residence, if there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The exception requires proof of significant abuse to the child or to the parent by the other parents This exception applies to all signatory countries, such as England, Australia, and Ecuador, to name a few. For more information call Maria T. Sallato, Esq. at: Sallato & Associates. P.A. 9990 SW 77th Avenue, Penthouse 12 Miami, Florida 33156 (305) 598-9600 maria@mariatsallato.com

Benefits of Collaborative Divorce

Posted by Maria Teresa Sallato on with 156 Comments

The convention stems from the response of 62 sovereign nations to the global problem of international child abduction. The overriding objective is to spare children the detrimental emotional effects associated with transnational parental kidnaping.

The Hague Convention was enacted to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the country of their habitual residence. The Convention intends to restore the pre-abduction status quo and deter parents from crossing borders in search of a more sympathetic court for custody hearings. To secure the prompt return of children wrongfully removed to or retained in any Contracting State.

The Convention is premised upon the notion that the child should be promptly restored to his or her country of habitual residence so that a court there can examine the merits of the custody dispute and award custody in the child’s best interest.

Complex Matrimonial Matters

Posted by Maria Teresa Sallato on with 18 Comments

The convention stems from the response of 62 sovereign nations to the global problem of international child abduction. The overriding objective is to spare children the detrimental emotional effects associated with transnational parental kidnaping.

The Hague Convention was enacted to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the country of their habitual residence. The Convention intends to restore the pre-abduction status quo and deter parents from crossing borders in search of a more sympathetic court for custody hearings. To secure the prompt return of children wrongfully removed to or retained in any Contracting State.

The Convention is premised upon the notion that the child should be promptly restored to his or her country of habitual residence so that a court there can examine the merits of the custody dispute and award custody in the child’s best interest.