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Litigating an International Child Abduction Case Under the Hague Convention

(179 reviews)

Produced on December 10, 2018

Taught by
$ 59 Family & Matrimonial, International, and Public Interest In Stock
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Course Information

Time 1h 2m
Difficulty Intermediate

Course Description

This course, presented by Valentina Shaknes of McLaughlin & Stern, will examine the ins and outs of litigating an international child abduction case under the Hague Convention on Civil Aspects of International Child Abductions. It will provide practitioners with an overview of the Hague Convention on Civil Aspects of International Child Abductions and the relevant case law interpreting the Convention. Emphasis will be placed on pleading and proving the Article 13(b) defense, commonly known as the “grave risk of harm defense,” which allows courts to decline returning a child to his home country if doing so will expose the child to a "grave risk of physical or psychological harm."


Learning Objectives:

  1. Gain an overview of the Hague Convention on Civil Aspects of International Child Abductions
  2. Analyze relevant case law interpreting the Convention
  3. Examine how to plead and prove the Article 13(b) defense

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)


Reviews

GK
Gretchen K.

Very clear and understandable speaker. Helpful.

JN
John N.

Outstanding presentation. I have recently become involved with a Hague Convention case, and the information in this course has given me a solid basis for understanding the issues.

MW
Marian W.

This presentation was very interesting. It raised significant issues and provided both legal and practical information. Well worth the time.

ST
Shelley T.

So glad I took this CLE. Considering branching out into a whole new market and getting federal certification for international child abduction custody cases.

SK
Steven K.

Superb presentation. Her own experiences added greatly.

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