My Life As A Litigator

As a litigator who has represented clients in an assortment of complex legal matters including but not limited to international family law matters including divorce or child abduction as well as other civil or criminal matters that require my skills as a litigator, my experience and insight has been invaluable to individuals in crisis. As a Board of Director of the I CARE Foundation, I take great pride in playing an important role in an organization that has helped reunite many children of abduction, protected many others from being kidnapped, and has created multiple outreach initiatives to stop abduction and trafficking.
Showing posts with label Hague Convention. Show all posts
Showing posts with label Hague Convention. Show all posts

Friday, October 26, 2012

Top New York Lawyer Joel Walter to Lead The 'I CARE Foundation' Criminal Law Oversight Committee

Joel S. Walter, a highly respected and renown New York City criminal defense lawyer and a Board of Director member of the International Child Abduction Research and Enlightenment Foundation (I CARE Foundation), will oversee the foundation's newly created 'Criminal Law Oversight Committee'.





New York Lawyer Joel S. Walter
 
New York (PRWEB) October 26th, 2012
 
International parental child abduction is expected to see as many as 100,000 to 125,000 American children internationally kidnapped over the next decade.  It appears that part of the problem is that parental child abductors do not fear criminal prosecution for their crime, and are not held accountable for their abusive acts against both targeted child and the other parent.

The International Child Abduction Research and Enlightenment Foundation (I CARE Foundation) is pleased to announce that Mr.Joel Walter, a higly respected New York Attorney with forty years of litigation experience focused in complex family law and criminal matters and a member of the foundation's Board of Directors will chair the foundation's International Child Abduction Criminal Law Oversight Committee in conjunction with international child abduction cases.

Mr. Walter is a member of the National Association of Criminal Defense Lawyers, the New York Criminal Bar Association, the New York County Lawyers’ Association (criminal and family law sections),a Director of the International Child Abduction Research and Enlightenment (I CARE) Foundation, and an attorney on the State Department’s "Hague Convention Attorney Network" He is admitted to practice in numerous United States Federal District Courts around the country, as his professional practice focuses primarily on complex federal litigtion where he has represented a wide variety of clients in an assortment of complex legal matters.  Upon graduation from law school in 1970, Mr. Walter  was hired as a staff attorney by the New York City Legal Aid Society, rising to Attorney –In- Charge of the Society’s Bronx Criminal Court Office supervising about 35 attorneys before entering private practice. He has represented thousands of clients and has had hundreds of trials to completion.

Due to Mr. Walter's extensive and successful litigation experience at the federal level, Mr. Walter was the ideal condidate to chair the foundation's committee investigating how criminal prosectuion of abducting parents may curb child kidnappings.

Under the United States federal law known as the 'International Parental Kidnapping Crimes Act', the illegal removal or detention of a child taken abroad in violation of a court order by a parent is a federal crime. In addition to federal law, every state has imposed its own criminal statute. Despite existing federal and state criminal laws, prosecution of abducting parents is rare. Mr. Walter commented, "It is clear that parental child abductors who illegally take or detain a child abroad do not have fear of prosecution. In essence, they believe they are above the law and are judgement proof. This must change. The I CARE Foundation, as part of our mission to raise awareness, will address this issue in various forums as we believe there exits a direct correlation between the escalating growth of abduction and the limited prosecution of these crimes."

Mr. Walter said,“ The legal complexities involved in either trying to prevent a child from being internationally abducted or getting the child returned under either the Hague Convention or foreign jurisdiction law in non-Hague signatory nations is daunting. Clearly, the number of these cases are massively under-reported due to a lack of research and deep understanding into the issues at hand.” Walter added that, "Tragically, as many parent-victims of international parental child abduction realize, the parent-victim is usually unaware that the abduction is about to occur until the criminal act occurs. With the correct legal strategy, it is possible for a parent to reunite with the child. This work involves experience in criminal and family law. It is my hope to bring the experience I have gained over the past 40 years practicing in both the family law and criminal law arena to the Foundation, as we continue to conduct various research, while helping build attorney networks that could assist targeted children and parents. At the end of the day, it is our hope to raise the bar on social and judicial education so that we will see a dramatic reduction in these types of cases. I am very committed to that, as I am honored to become a Director of the I CARE Foundation."

The Hague Convention on The Civil Aspects of International Child Abduction comes into play so long as the country where the child was abducted from and to are both Hague signatory states.
The Law Offices of Joel Walter provides a team of highly experienced counsel familiar with the legal complexities of international parental child abduction, professionals who practice regularly in state and federal court, intricate and thorough legal strategies based upon optimizing various domestic and international laws, professional relationships with a diverse group of international family lawyers capable of acting immediately to ensure the return of the abducted child, strategies and representation that will assist you in preventing an international child abduction from occurring, and assistance in enrolling your child in various federal child abduction prevention programs and the representation and ability to initiate Hague Convention proceedings.


Peter Thomas Senese, a Director of the I CARE Foundation added, "It is a great accomplishment to have a person such as Joel Walter not only sit on the foundation's Board of Directors, but to lead the foundation's investigatory efforts concerning how failures in abduction prosecution enable would-be abductors. Mr. Walter is a very intelligent litigator who thinks is paradigms, something that is extremely useful when dealing with complex cases involving either the prevention or attempted reunification of parent and child. Mr. Walter is honest, considerate, and dedicated. His years of extraordinary legal experience add a very unique presence to our board. The Foundation has been very fortunate to have Joel Walter as an integral part of our Board. And on a personal level, when I was forced to Chase The Cyclone of international child abduction, Joel Walter was the first lawyer I turned to."

Tuesday, October 23, 2012

Suffolk Country Police Officer Has Child Internationally Abducted

In my capacity as a trial lawyer practicing primarily in the complex United States federal courts, I have seen and been a participant in more than a fair share of unusual, interesting, and at times incredulous legal cases.

However, as I have said previously of numerous occassions, there is nothing more unbelievable when it comes to our legal system than how international parental child abduction cases are handled.

The reality is these cases of criminal child kidnapping are growing expeditiouously; however, the number of children being returned home are dwindling.  And this is wrong.

If you don't think this can happen to you, please read this article about a highly decorated police officer and his horrible journey trying to reunite with his internationally kidanpped daughter.

And CM, if you read this, you know that I and the I CARE Foundation are behind you 100%.

Read about 9-11 Hero CM and his battle to safely bring home his daughter.

If you are a reporter interested in learning more about CM, please contact me at cdarrowj@gmail.com.

Thank you,
Joel Walter, Esq.

Thursday, September 27, 2012

New York Attorney Joel Walter: I CARE Foundation Continues Effort To Recruit Attorneys To Join U.S. Department of State's 'Hague Convention Attorney Network'


I CARE Foundation Continues Recruitment Campaign: The U.S. Department of State Seeks Attorneys to Join The 'Hague Convention Attorney Network'

The I CARE Foundation continues its effort to assist The Department of State's Office of Children's Issues recruit lawyers interested in participating and assisting parents involved in international family law and child abduction cases to join the "Hague Convention Attorney Network". The Department of State's attorney network offers attorneys the opportunity to assist a child who has been abducted, but also offers a mentor program where lawyers with limited experience in the growing field of international family law can be mentored by some of the most skilled international family law attorneys in the nation. According to the I CARE Foundation, the surging growtih in the number of international child abductions and prevention cases in the United States and abroad has created a substantial need for more trained attorneys in the United States who are familiar with international family law.

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Chasing The Cyclone, Peter Thomas Senese, GAO, Joel Walter, Patricia Lee, Eric Kalmus, No fly list, international parental child abduction prevention, carolyn vlk
Peter Thomas Senese' CHASING THE CYCLONE
(PRWEB) 
The I CARE Foundation is urging lawyers interested in assisting the parents of children who have been internationally parentally abducted or who may be targets of international parental abduction to participate in the Department of State's "Hague Convention Attorney Network". The State Department's attorney network offers lawyers interested in joining the network with significant personal and professional opportunities, including the opportunity to increase their own skill-set and professional practice by being mentored by some of the nation's most experienced lawyers who practice international family law.
Joel S. Walter, an lawyer practicing in New York, a member of the I CARE Foundation, and a member of the Attorney Network said, "Having been involved in complex federal litigation cases for 40 years, I have to say that participating in the Department of State's "Hague Convention Attorney Network" has been extremely rewarding on a personal level because I am able to assist children who really need help. But there is another side to this for attorneys who practice or are interested in family law, and that is that the knowledge and experience you may gain by participating in the Department of State's attorney network is priceless. And for all lawyers, but particularly young lawyers starting out in their career, becoming an expert in an area is critical. As international abductions continue to rise to unthinkable numbers, there is a great need for skilled lawyers. How can an attorney gain this much needed experience? By participating in the "Hague Convention Attorney Network."
Unquestionably, international family law and the need for skilled and educated attorneys familiar with this area is growing substantially. In fact, there are over 1,640 'reported' cases of International Parental Child Abduction originating from the United States according to the last published report issued from the Department of State to Congress. This number has nearly tripled since 2006 according to a recent report issued by the Government Accountability Office's ("GAO") recommendation to create a airline screening list for American citizens considered by the courts to be high-risk child abductors. According to the recently published resource guide "The World Turned Upside Down" written by Peter Thomas Senese and Carolyn Vlk, the growth rate of international abduction is conservatively estimated to be at 20% per year. According to the publication, from 2009 to 2020, if growth rates continue there will be over 50,000 American children criminally abducted abroad. The same publication, as cited in the special report titled 'Crisis In America' cites that it is estimated that there could be between 50,000 and 75,000 unreported cased of international child abduction originating from the United States during the same period. Furthermore, the number of incoming cases originating from a foreign country to the United States has also increased at rates similar to outbound cases.
The anticipated case load does not include or forecast litigation involving international child abduction prevention litigation. I CARE Foundation director Peter Thomas Senese commented, "The number of international child abduction prevention cases that the foundation is involved with are significant and represent more cases than actual abduction cases - which on its own account are substantial and growing. Unquestionably, this is a growing field of law and there appears to be a shortage of qualified attorneys practicing in this arena I think primarily because society as a whole does not realize their is a severe epidemic before us."
The Office of Children's Issues in the U.S. Department of State serves as the U.S. Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction (the "Convention"). The International Child Abduction Remedies Act ("ICARA"), establishes procedures for litigating Convention cases in the U.S. The U.S. Central Authority has numerous functions including facilitating the institution of judicial proceedings in the U.S. "with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access." In April of 2008, the U.S.Central Authority assumed the responsibility for all incoming cases, and overseeing a network of volunteer attorneys.
The "Attorney Network" provides critical assistance. Lawyers that join the "Attorney Network" are asked to consider taking Hague Convention return and access cases on a pro bono or reduced fee basis. There is never an obligation to take a case, and legal fees and expenses may be recoverable under the Convention's Article 26 and the implementing statute (42.U.S.C 11607), and under state law when state law remedies are pursued (e.g., UCCJEA). In addition, lawyers with and without Hague experience are welcome to join the Attorney Network, as the Attorney Network offers a host of information and mentor programs. In addition to incoming cases of abduction, attorneys can also represent parents in abduction prevention cases and outgoing abduction cases.
Patricia M. Lee, a Florida attorney practicing in the area of parental child abduction and a member of the I CARE Foundation states, “I feel privileged to have been a referral attorney for the implementing agency for many years of my private practice. The trauma experienced by victimized children and parents when faced with a child abduction, especially in the international arena, is overwhelming, primarily due to the lack of experienced attorneys, but also, due to the great financial burden, and cultural and language barriers. When they have nowhere else to turn and are so desperate, being able to help these people has been a rewarding experience personally, as well as professionally. It is worth every hour I have spent climbing the learning curve in this little known area of the law. OCI has always been responsive and helpful in the practicalities of dealing with clients living abroad, and the network of mentor attorneys available across the U.S., nothing short of a wealth of information and assistance. My experience in taking these cases has been humbling, to say the least, as I have seen the very best of my profession, which is too often the object of jokes and derision. I would encourage any attorney to join the Attorney Network.”
If you are a lawyer interested in finding out more about the Hague Convention Attorney Network, visithttp://www.travel.state.gov/childabduction and click “For Attorneys & Judges,” or write to HagueConventionAttorneyNetwork(at)state(dot)gov. To learn more about international parental child abduction please visit http://www.travel.state.gov/abduction. To receive an application to join the Attorney Network, please visithttp://travel.state.gov/pdf/AttorneyNetworkFlyer.pdf.

Disclaimer: The content contained on this publicaton does not constitute legal advice of any kind.