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What's the Intention of the Retention?
Most of us who have had some experience with 'Hague' cases typically become involved only after children have been transported to or from the United States by one parent. Unfortunately, our clients living here or abroad rarely seek legal advice before their spouses travel internationally with the couple's children, leaving the client behind. Of course, many parents leave clandestinely with their children, thus rendering it impossible for the remaining spouse to seek preventative legal advice. However, we need to be prepared to offer advice prospectively.
This article addresses the 'retention' issue, and how we should counsel our client when he or she calls and says something like this: 'My German wife wants to go home to Munich for her cousin's wedding. She is taking our two daughters so they can be rice girls. She says she will probably be back in a few weeks, but she is not sure exactly. We aren't getting along very well right now. I'm worried. Do I need to do anything?'
The answer to that question is, 'Yes!' As indicated by a recent Third Circuit case, had a father living in Australia sought advice from competent counsel before his wife flew with one-way tickets from Australia to the U.S. with their only son to 'visit relatives,' the father may have avoided a lengthy court battle. Baxter v. Baxter, 423 F.3d 363 (3rd Cir. 2005).
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