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Analyzing “Habitual Residence” Under the Hague Convention

(111 reviews)

Produced on December 10, 2019

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Course Information

Time 61 minutes
Difficulty Beginner

Course Description

The Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) protects children from wrongful removal or retention from their habitual residence. Despite being one of the first elements that must be proven by a petitioning parent in order for the Court to hear a case arising under the Hague Convention, “habitual residence” is not defined by the text of the Hague Convention.  The only guidance provided by the language of the Hague Convention is that the relevant point in time to be analyzed is “immediately before the removal or retention” and that it is the child’s habitual residence that must be proven, not the habitual residence of the parents. 

This course, presented by Valentina Shaknes and Justine Stringer of McLaughlin Stern, provides a deep-dive into how Courts have determined what constitutes the “habitual residence” of a child under the Hague Convention.


Learning Objectives:

  1. Examine establishing a “settled purpose”
  2. Identify the difference between habitual residence and domicile and whether a child can have concurrent habitual residences based upon the text of the Hague Convention
  3. Discuss cases where habitual residence was not established

Credit Information

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Faculty

Valentina Shaknes

Krauss Shaknes Tallentire & Messeri LLP

Valentina Shaknes is a founding partner at KSTM. Since graduating from law school, she has practiced exclusively matrimonial and family law. Valentina represents clients in a wide variety of complex matrimonial matters involving high-conflict equitable distribution and custody disputes, child and spousal support, and pre- and post-nuptial agreements. Valentina particularly specializes in valuations and divisions of closely-held businesses and complicated custody proceedings.

Valentina has successfully litigated matters in both Supreme and Family Courts in New York, Kings, Nassau, Westchester, and Columbia Counties, and has appeared before the appellate courts for the First and Second Judicial Departments.

Valentina has also successfully litigated international child custody and international child abduction disputes, including proceedings in federal district and appellate courts, under the Hague Convention on the Civil Aspects of International Child Abduction.

Before co-founding KSTM, Valentina served as co-chair of the matrimonial practice at McLaughlin & Stern LLP. After graduating from law school, she was an associate in the matrimonial department of Blank Rome LLP, where she worked with the other three founding partners of KSTM.

Valentina received her law degree from Brooklyn Law School, where she served as the associate managing editor of the Journal for Law and Policy. During law school, she earned first place in the Domenick L. Gabrielli National Family Law Moot Court Competition


HONORS

  • New York Super Lawyer Rising Star in Family Law (2014-2019)
  • Outstanding Young Lawyer, The New York Times (2014-2019)
  • The National Law Journal, Divorce, Trusts & Estates Trailblazer (2017)

PREVIOUS EXPERIENCE

  • Co-chair, Matrimonial Group | McLaughlin & Stern

LEADERSHIP

  • New York City Bar Association, Matrimonial Law Committee
  • New York County Lawyers Association, Matrimonial Law Section
  • New York State Bar Association, Family Law Section and the Children’s Rights Committee
  • Women’s Bar Association, Family Law Committee

PUBLICATIONS AND PRESENTATIONS

  • “Beyond Broken Bones, Recognizing Psychological Harm to Children When Applying ‘Grave Risk of Harm’ Standard,” New York Law Journal, July 27, 2018
  • Presenter, AFCC, 56th Annual Conference, Toronto, “International Jurisdictional Disputes: The Challenges of International Relocation and the Risk of Abduction,” May 2019
  • Presenter, New York County Lawyers Association, “Civil Aspects of Litigating an International Child Abduction Case Under the Hague Convention: How to Prove the ‘Grave Risk of Harm’ Defense,” July 2018
  • Presenter, New York State Bar Association, “Basics of Matrimonial Practice, Discovery,” October 2017

ADMISSIONS

  • New York
  • Connecticut
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, Second Circuit

EDUCATION

  • Brooklyn Law School (J.D., 2007, cum laude)
  • Rutgers University (B.A., 1999, summa cum laude)


Justine Stringer

Krauss Shaknes Tallentire & Messeri LLP

Justine Stringer represents high-net-worth individuals in complex and often high-conflict matrimonial and family matters. She routinely appears in the Supreme and Family Courts in New York, Kings, Bronx, Queens, Nassau, and Westchester counties, and has litigated order of protection cases pro bono for victims of domestic violence.

She has also successfully litigated international child custody and international child abduction disputes, including proceedings in federal court under the Hague Convention on the Civil Aspects of International Child Abduction.

Before joining KSTM, Justine worked with Valentina Shaknes and Jordan Messeri in the matrimonial group at McLaughlin & Stern LLP. After graduating from New York Law School, she worked as a volunteer law clerk for the Honorable New York County Supreme Court Justice Matthew F. Cooper.

HONORS

  • New York Super Lawyer Rising Star in Family Law (2018-2019)

PREVIOUS EXPERIENCE

  • Associate | McLaughlin & Stern LLP
  • Associate | Bikel & Mandarano LLP

EDUCATION

  • New York Law School (J.D., 2013)
  • New Mexico State University (B.S., 2010)

MEMBERSHIPS

  • Women’s Bar Association, Family Law Committee
  • New York State Bar Association

ADMISSIONS

  • New York
  • New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, Second Circuit



Reviews

JH
Jenn H.

Well Done! I really enjoyed this presentation. Great fact patterns.

LD
Louis D.

Great explanation of a difficult subject.

AD
Andrew D.

Good job by the presenters.

LP
Lauren P.

Both presenters were very pleasant to listen to and knew their stuff. Bravo

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