Manely Firm - March 2021

T he H ague C onvention

“T he great thing in this world is not so much where we stand , as in what direction we are moving .” —O liver W endell H olmes S r .

Visi tat ion Rights: Member and Nonmember Countr ies The Hague Conference on Private International Law, or the HCCH, is an organization responsible for making matters of family law easier to manage between different countries. They do this by ensuring each nation follows the same international rules. Through what is known as the Hague Conventions, the HCCH negotiates treaties to bring international law and rules together. Our firm works with these rules on a regular basis. Cases that involve parents moving to a different country require us to negotiate settlement agreements, child visitation, or custody between the two parties. For countries that are part of the Hague Convention, this process is slightly easier. However, we also work with nations that are not part of the Convention, which makes things a little more complex. All courts in member nations are required to analyze a detailed system provided by the Hague Convention. This determines where a child belongs and where they can visit. Problems arise with nonmember nations because they do not have any agreements between our two nations regarding how to handle this issue. Therefore, if a child wound up in a nonmember country, we would have no guarantees the country would follow the particular standards we require.

A sparagus and S moked M ozzarella P izzettes

Inspired by EatingWell.com

So, how do we manage situations like these?

The first step is learning as much as possible about the country and why they are not part of the Hague Convention. Japan is a prime example. For years, the country was not a member because of their view on custody. After a divorce, one parent would take the child and the other would be completely excluded. It’s crucial to know details like this because it helps us understand the significance of what could happen to a visiting child. Once we’ve understood the reason behind the choice, we then create a strong concessions for the removing or visiting party. These concessions make it more likely that the nonmember country will agree the U.S. is the child’s permanent residence and they have no intention of keeping the child in that country. In the event a parent tries to keep the child, the concession can be used as evidence against them. Though, understandably, risks are involved, there are ways for children to visit these countries safely. If you have any questions about the process involved in visitation to a nonmember Hague Convention nation, contact the Manely Law Firm today.

I ngredients

1 lb prepared whole-wheat pizza dough, divided into 6 equal portions 12 oz asparagus spears, trimmed and cut into 1-inch pieces

1 cup shredded smoked mozzarella cheese

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1/3 cup scallions, thinly sliced 2 tbsp walnuts, toasted and chopped 1 sprig of fresh mint leaves, torn

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1 tbsp extra-virgin olive oil

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1/4 tsp salt

Zest of 1 orange

D irections

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Remove both trays from the oven, sprinkle cheese over the dough, then top with asparagus and scallions. Return pizzettes to oven and bake until the crusts’ edges are golden, about 8–10 minutes. Remove from the oven and sprinkle with walnuts, mint, and orange zest before serving

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Preheat oven to 500 F and ensure there are two racks in your oven. Line a large baking sheet with parchment paper, stretch each piece of dough into a 7-by-3-inch oval and arrange evenly on the pan. On a second baking sheet, toss asparagus with oil and 1/4 tsp salt. Place dough on top rack and asparagus on bottom and bake for 3 minutes.

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Cal l for a Consul tat ion: ( 866) 687-8561

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