Posted on April 17, 2017 by Wendy Hickey

The Divorce411 column in the Boston Herald was started by Gerald (Jerry) L. Nissenbaum (bio) over 10 years ago. For over 50 years until his retirement in April of 2017 he was a leader in advancing family law , using legal means in  reuniting children kidnapped by a parent to outside their national borders and jurisdiction , helping to create organizations of lawyers both domestically and international that would instill and share best practices.  He was voted the one of the best divorce lawyers in the country by Town and Country and the best in town by Boston Magazine. He was rated AV Preeminent by Martindale-Hubble and listed in  Massachusetts SuperLawyers for Family and Appellate Law since 2004.

Wendy Hickey a partner and colleage of Jerry's for over 15 years , upon Jerry's retirement in April 2017, has taken over the writing of the weekly column. Here, as a service to the community , we are making available all our columns. To learn MORE about Wendy Hickey, Massachusetts Family Law, and our extensive on-line divorce and case library please follow the link below..

Defense arguments in Hague kidnapping cases


Q I’m not worried about my being able to prove that my wife wrongfully removed our three children from our home in Bonneval-sur-arc, France to Massachusetts.

But I’d like to know what defenses she can raise to avoid an order that the children must be returned home.

A.C., Bonneval-sur-arc, France.

A  In order to prevent the return of your children to France, your wife needs to prove one of the following seven defenses permitted under the Hague Convention on the Civil Aspects of International Child Abduction. .....