Rights of Children – Custody in Utah – Arnold & Wadsworth

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With the ease and speed of international travel and communication constantly evolving and with the globalization of many areas of the economy, it is no surprise that issues of international abduction and child custody are hot topics in the area of family law.

The U.S. Supreme Court recently had the opportunity to address the issue of international abduction in Abbott v. Abbott. The parties in Abbott divorced in Chile. Mother received custody, Father was granted visitation. The Court also entered a ne exeat order, preventing either party from leaving Chile with the child unless both parties agreed. Mother then brought the child to Texas, without Father’s consent. Once Father was able to locate Mother and child, he moved to enforce the ne exeat order, leading to the issue before the Supreme Court.


In  the opinion authored by Justice Anthony Kennedy, the Supreme Court examined the applicability of the Hague Convention on Civil Aspects of International Child Abduction in the context of a custodial parent’s violation of a ne exeat order. The Court determined that the otherwise noncustodial Father’s shared authority in determining the child’s residence, conferred by the ne exeat order, was a right of custody under the Hague Convention, thereby sufficient to evoke applicability of the Hague Convention’s enforcement procedures.  Although the Supreme Court determined that the Hague Convention’s procedures were applicable, the Supreme Court did not automatically order the child return to Chile. Instead the Court ordered the case remanded for determination by the trial court. We will be watching the Abbott case on remand and post again with the outcome.

As a practical matter, this case underscores the importance in a divorce or modification case of the provisions regarding the child’s passport and the requirements for which parent gets to keep the child’s passport.

Salt Lake City Divorce Lawyers – Arnold & Wadsworth

When looking for a Divorce Lawyer what should you look for?

1. Experience – You will need to ask your attorney about his/her experience in order to get a good feel and understanding for practice. A good question to ask is “how much of your law practice is divorce cases” or “what percentage of your cases are divorce cases”. These questions will help you find out how much experience they have.

2. Free Consultation for a Divorce – Most attorneys will offer a free consultation for a divorce case. Take this time to sit down with the attorney and really get a feel for their demeanor and attitude. This should allow you to find out whether you think they are lazy, or hard working. You need to know that the lawyer is going to be willing to take the time to educate you about your divorce so that you can make decisions that are best for your situation.

3. Child Custody – If your case involves children make sure that your attorney has experience with custody cases. Ask your lawyer about the process of a custody battle in court and what it entails. Make sure you know the costs and whether your attorney has a preferred child custody evaluator or mediator that fits your needs for the goals you want to achieve.

4. Trust – I always tell my clients that they have to trust me. The reason for this is because they need to believe that I have their best interest at heart, and that I am willing to work hard to make sure that they get the best results possible. You need to know the chances of your case getting the outcome you want and why or why not your lawyer does not think that it can be accomplished. This will help you understand and get educated on divorce law in your state. 5. Ask your Friends that have been through a divorce about what they liked and did not like about their divorce lawyers. This will help you ask the potential attorneys the right questions and will empower you to make a good decision on who to hire.

Overall, you need to make sure that you take the time to find the right Divorce Lawyer. There are a lot of attorneys out there, so make sure you get what you are looking for. Ask your friends that are divorced and get their opinion on why their divorce lawyer was good or bad and look for those qualities in your consultations. Attorney fees can get expensive but this is your divorce and to a certain extent will control your life until your children until they are 18.

Family Law Attorney in Utah

Family Law in Salt Lake City

What sets Arnold & Wadsworth apart from other Family Law attorneys? For one thing when you hire Arnold & Wadsworth for your family law legal issue in Utah you are hiring a law firm and not a single attorney. More than one attorney will look at your case and give ideas and thoughts about handling it. When you go to trial on your family law issue you get more than one attorney, and we are not double billing you. We understand attorneys are expensive but it is worth it. Take advantage of our free consultation today and see the difference. Call Arnold & Wadsworth at (801) 475-0123 and make an appointment today.

Utah Divorce Attorney

If you are facing a divorce it is important that you know the process and what possible pitfalls are. Whether you are the man or the women in the relationship there is an advantage to having an attorney. Come in to Arnold & Wadsworth today and experience the difference.

Salt Lake City Divorce Lawyer – Arnold & Wadsworth

SLC Divorce Lawyer – Arnold & Wadsworth

Are you facing divorce but are trying to get through the holidays before filing for divorce? We have had a lot of phone calls lately from people stating they are waiting to file for divorce in January. While there is not a problem with this you shoudl start collecting information;

  1. Bank Statements – At least the last three months
  2. Taxes – At least the last three years
  3. Pay stubs – For the Last Year
  4. A budget – Sit down and write down your monthly bills
  5. Collect copies of your bills
  6. Pay stubs from your spouse

These items will allow us to quickly assess your divorce and the opportunity for alimony, child support, and personal property division. Give us a call for a Salt Lake City Divorce Consultation – Free. (801) 475-0123.



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