Sullivan & Worcester LLP and Child Advocacy Groups File Amicus Brief before U.S. Supreme Court Concerning International Child Abduction
BOSTON-(Business Wire)-September 22, 2009 - Attorneys for Sullivan & Worcester LLP today filed an amicus brief before the U.S. Supreme Court challenging lower court decisions that rejected a left-behind father’s application from Chile for the return of his minor son from the United States. In the case that triggered the filing, Abbott v. Abbott, 542 F.3d 1081 (2009), the Fifth Circuit Court of Appeals and the trial court ruled that, even though foreign custody-type orders prohibited the mother from taking the child outside of Chile, the Chilean orders appeared to limit the father’s rights to visitation without control over where the child resided. The issue before the Supreme Court is whether “no exit” (ne exeat) orders constitute rights of custody under an international treaty known as the Hague Convention on Civil Aspects of International Child Abduction.
Barry Pollack, a partner at Sullivan & Worcester and founder of the firm’s S&W International ChildFind Program, argues that, “The lower courts never mentioned, let alone adequately considered, whether their rulings or the Chilean orders safeguarded the best interests of the child.” He added, “Labels concerning parental rights and the reasons for them can vary widely when used in different countries, cultures, courts and families.”
The S&W International ChildFind Program is joined in the filing by several child advocacy organizations, including the Massachusetts Society for the Prevention of Cruelty to Children, Justice for Children based in Texas, Pathways for Children and Emerge.
Pollack contends the courts should have conducted an inquiry, under Article 15 of the Hague Convention, which would have provided the official Chilean view on whether the left-behind father retained custody rights.
According to Pollack, once that determination could be transmitted from Chile, the United States courts should consider whether that determination and the underlying Chilean court orders adequately considered the best interests of the child justifying respect for their view of the father’s rights.
Although the Hague Convention states its international abduction cases should not consist of full-blown custody battles, international law recognizes the importance of considering the best interests of children in all cases involving the welfare of children. The U.N. Convention on the Rights of the Child (CRC) states specifically that:
“In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”
The CRC is the most widely-accepted human rights treaty in the world, ratified by 193 countries. Although the U.S. signed the treaty, it is one of two countries (the other is Somalia) that did not ratify it.
“In international child abduction cases, many courts forget that the parents’ names may appear in the court captions, but the kids who are involved generally have the most at stake,” said Pollack. He added, “Our brief serves as the voice of children who otherwise may not be heard in this important matter. If the Supreme Court allows the mother’s violation of Chilean law to remain unremedied, a son may be deprived of a relationship with his father until old enough to travel on his own back to Chile.”
About the S&W International ChildFind Program
The S&W International ChildFind Program of Sullivan & Worcester LLP in Boston, MA, New York, NY and Washington, D.C., provides legal assistance to parents of limited financial means, whose children have been abducted across sovereign borders. Through this program, with the help of Sullivan & Worcester attorneys, left-behind parents can pursue remedies under international law, including the Hague Convention on the Civil Aspects of International Child Abduction. The S&W International ChildFind Program and the lawyers at Sullivan & Worcester, who have volunteered for the program, have helped reunite numerous abducted children with left-behind parents from a variety of foreign countries.
About Sullivan & Worcester LLP
Sullivan & Worcester LLP is a leading corporate law firm providing counsel to domestic and international clients ranging from Fortune 500 companies to emerging businesses. With more than 185 lawyers in Boston, New York and Washington, D.C., the firm offers services in a wide range of areas, including corporate finance, securities, litigation, mergers and acquisitions, tax, real estate, private equity and venture capital, bankruptcy, climate change, regulatory law, and employment and benefits. Sullivan & Worcester is also recognized for its representation of REITs and its deep expertise in mutual fund law. For more information please visit www.sandw.com.
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