Posted on Jan 1st, 2016 by Wendy Hickey

Gerald L. Nissenbaum 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. He was the orignal author and contributor in the Boston Herald of popular Divorce411 column.  Here, as a service to the community , we are making available all our columns.

Wendy Hickey , upon Jerry's retirement in April 2017 Wendy has taken over the writting of the weekly column. 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

 
            Posted on Jan 3,2016

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. .....