It is a national attorney network. It is an all-volunteer network and maintained by the U.S. Department of State. The U.S. Department of State is the U.S. Central Authority for the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Convention). Network attorneys represent applicant-parents in incoming Hague Convention return and access cases in the United States. They do so on a pro bono basis or for a reduced fee.

It is simple. Send us your enrollment form. You must be licensed to practice law in your state(s). You must be in good standing and actively practicing in the United States. 

No previous Hague Child Abduction Convention experience is required. Mentor attorneys are available.

Lawyers practicing abroad may want to contact the U.S. Embassy in their country. You can ask about adding your name to the Embassy’s Attorney List. Visit http://www.usembassy.gov for a list of U.S. Embassies and Consulates.

Yes! We welcome participation by all legal aid providers. 

LSC grantees have statutory and regulatory authority to represent qualified indigent foreign nationals. This includes representing those living abroad, in Hague Convention cases brought in U.S. courts. This was stated in a November 30, 2011 memorandum from LSC President James J. Sandman to all LSC grantees. The applicable regulation is found at 45 C.F.R. § 1626.10(e) - Special eligibility questions.

We have found it very helpful when we have a specific LSC liaison within a geographic region. We also invite individual attorneys to join the Network.

Many resources about the Convention are on our website, childabduction.state.gov. Click the link “For Attorneys.” This page includes the texts of the Convention and implementing statute and a litigation guide produced by Kilpatrick Stockton, LLP, and the National Center for Missing & Exploited Children (NCMEC) in 2012.

Attorney mentors are also available upon request. The service is often provided by attorneys free of charge in pro bono cases. The mentor may charge a consulting fee in reduced fee and full fee cases. The U.S. Department of State plays no role in the negotiation of fees; it is a private arrangement between you and the mentor attorney.

No, it is not posted online. We will send your contact information to applicants and foreign central authorities.

Upon receipt of an application, we contact private attorneys in the Network by e-mail. In that e-mail, we ask if you are interested in speaking to the applicant about possibly taking their case. If so, we send your name and contact information, often along with the name of at least one other attorney, to the applicant. We also send you the applicant’s name and other information to prepare you for a possible call.

In states where we do not have a designated LSC liaison, we send a letter to the LSC office closest to the child. This letter tells the office about the case. It says the applicant may ask about legal help. We tell applicants and foreign governments that LSC determines their eligibility for services following LSC program guidelines. If we have a statewide LSC liaison in the area, we ask the liaison for help. They help us find the right office or contact.

No. When you agree to have your name included on an attorney list for the applicant, you indicate a willingness to consider representing the applicant on a pro bono or reduced fee basis. Upon receipt of the list, the applicant, will decide to contact you to discuss the facts of the case and the possibility of your representation. There is no obligation on your part to take the case. If you do so, it is as a private attorney, and not a representative or agent of the Department of State.

If, after the initial communication with the applicant, you need more information to decide if you will represent them, contact the Legal Assistance Coordinator (LAC). The LAC can send you the Hague application and supporting documents.

Attorneys follow their usual practice regarding engagement/retainer agreements. The U.S. Department of State plays no role in determining if and how attorneys choose to represent a client.

If you use an engagement letter, it may help if it sets out the scope of services (e.g., trial, appeal(s), custody case). In pro bono cases, a clear engagement agreement may be useful. It may also be helpful if the letter clearly says that legal services are free. (Pro bono attorneys sometimes indicate their regular fees to help recover attorney fees at the end of a successful case.)

You may also find it helpful to consider specifying in the engagement letter who must pay court costs and related fees. We inform Hague applicants that they should expect to pay these expenses even in a pro bono case, but this is up to the attorney and client to discuss and agree.

The State Department does not set hourly rates. Attorneys set their own rates. We inform applicants that hourly rates in reduced fee cases may fall into the range of $50-150 per hour. We recognize that these rates may be low in some areas. We also inform applicants that legal fees may be negotiable.

We provide applicants with a legal assistance request form. This form allows applicants to assess their own eligibility for pro bono or reduced fee legal services by reference to two tables that we provide on the legal assistance request form. We use Legal Services Corporation income guidelines (45 C.F.R. Part 1611), which are based on U.S. poverty guidelines. The table used to determine eligibility for pro bono representation is based on 125% of U.S. poverty guidelines. The table used to determine eligibility to request reduced fee legal assistance is based on 200% of U.S. poverty guidelines.

We do not require applicants to submit financial documentation to support their requests. However, we know that attorneys may ask applicants for more information. We inform applicants that attorneys may ask them about their financial situation (e.g., proof of income, employment, assets). We explain that this is often to inform decisions about whether to take the case pro bono, or for reduced or full fees.

We further inform applicants that Legal Service Corporation grantees and other legal aid organizations determine eligibility for services based on their own program guidelines.

Yes. Upon request, we provide Hague Convention applicants with a list of full fee attorneys. We notify Hague Convention Network attorneys when they have been included on full fee lists. To participate in the Hague Convention Attorney Network, attorneys must volunteer for pro bono and/ or reduced fee cases.

Additionally, Hague Convention Network attorneys may also be included on full fee attorney lists for respondents in incoming Hague Convention cases, as well as for incoming non-Hague Convention and prevention cases.

Attorneys for applicants do not act as agents of the Department of State. You are requested to neither state nor imply that you represent or are retained by the Department of State. Decisions about the objectives and means of representation are matters only between attorney and client. The attorney-client relationship is private.

Yes. Mentor attorneys can offer guidance on specific cases to members of the Hague Convention Attorney Network. If you take a case, upon your request, we will put you in touch with an experienced Hague attorney in your area. Mentor attorneys do not typically charge a consulting fee in pro bono cases. They may request a consulting fee in reduced fee cases. Whether to charge a fee, and the amount, is at the mentor's discretion.

Legal Assistance Coordinators can also provide general technical assistance with the Convention. We cannot offer any legal advice. We also cannot give any guidance regarding the specifics of a particular case.

Yes. The International Child Abduction Remedies Act (“ICARA”) is the federal implementing statute for the Hague Convention. It expressly confers concurrent jurisdiction on state and federal courts. 22 U.S.C. 9003(a). In practice, access cases are generally brought in state courts. Return cases may be filed in either federal or state court. This is a decision for the attorney representing the petitioner in a Hague Convention return case.

Telephone interpretation services, generally referred to as the “language line,” are available. They help attorneys (prospective and retained) and Hague applicants talk on the phone. This “language line” service is free of charge to the attorney and applicant. The State Department country officer monitoring the case can facilitate access to the language line. 

The State Department does not provide document translation services.

When cases go to trial, some courts may arrange for interpretation services.

Potentially, yes. Article 26 of the Convention and 22 U.S.C. § 9007(b)(3) of the International Child Abduction Remedies Act provide for the ability to recover legal and other costs. Petitioners who are granted the return of the child by the court in return cases may recover under both. Petitioners in access cases in which a court issued an order concerning rights of access per the Convention may recover under the Convention. 

Pro bono attorneys may recover attorney fees. See Cuellar v. Joyce, 603 F.3d 1142 (9th Cir. 2010).  

Legal aid attorney may recover attorney fees. See Saldivar v. Rodela, 894 F. Supp.2d 916 (W.D. Tex. 2012).

Attorney fees may also be recovered under state law. Please see the next question.

Yes. The Hague Convention remedy is non-exclusive. State law may offer other ways to achieve the client’s goals. Alternative remedies are discussed in For Attorneys and Getting Your Custody Order Recognized and Enforced in the U.S.

Fees may also be recovered in custody/visitation enforcement proceedings brought under state law. See Section 312 of the Uniform Child Custody Jurisdiction and Enforcement Act.  

Yes. Be aware of key dates. You must preserve your client’s rights under the Convention, particularly in return cases. Also, your client should know the legal effect of any mediated agreement in both countries before signing it.

Information on some mediation resources can be found on the Department’s website here, or by contacting the Office of Children's Issues.

The Legal Assistance Coordinator may invite you to a local Attorney Network gathering. There is no set schedule. These informal ‘meet and greet’ events are often coupled with CLE programs about the Convention. If you or your firm would like to host a training about the Convention including speakers from the Department of State, please contact us at HagueConventionAttorneyNetwork@state.gov.

No. Only the U.S. Department of State has access to that mailbox. 

No. The State Department is neutral. Our goal for the legal assistance program is to assist applicants find legal representation so that their cases can be heard in court. We thank you for your role in that process.

Please e-mail: HagueConventionAttorneyNetwork@state.gov