Author: Maria Teresa Sallato

Embracing a Fresh Start: Navigating the New Year After Divorce

The arrival of a new year often symbolizes new beginnings, a chance to reflect on the past and embrace the possibilities of the future. If you’re navigating life after a divorce, the transition into the new year can be both challenging and empowering. In this article, we’ll explore some valuable insights on how to start the new year after a divorce and embark on a journey of self-discovery and personal growth.

Reflect on the Past:

Before stepping into the new year, take some time to reflect on the past. Acknowledge the emotions, experiences, and lessons learned from your divorce. It's essential to give yourself the space to process your feelings and gain a deeper understanding of the person you have become through this transformative experience.

Set Realistic Goals:

The new year is an excellent time to set goals for yourself, both personally and professionally. However, it's crucial to be realistic and gentle with yourself. Start with small, achievable goals that contribute to your overall well-being. Whether it's focusing on self-care, exploring new hobbies, or advancing in your career, set objectives that align with your current life stage.

Reconnect with Your Identity:

Divorce often leads to a reevaluation of one's identity. Take this opportunity to rediscover who you are outside of the context of your past relationship. Engage in activities that bring you joy and tap into your interests. Reconnecting with your identity can be a powerful step toward building a more fulfilling and authentic life.

Build a Support System:

Surround yourself with a supportive network of friends and family who can provide encouragement and understanding during this transitional period. Share your thoughts and feelings with trusted individuals who can offer valuable insights and perspective. Building a strong support system is crucial for emotional well-being and navigating the challenges of post-divorce life.

Seek Professional Guidance:

Consider seeking professional guidance from therapists, counselors, or support groups specializing in divorce recovery. These professionals can provide valuable tools for coping with the emotional aftermath of divorce and assist you in developing strategies for moving forward.

Embrace Self-Care:

Prioritize self-care as you embark on this new chapter of your life. Pay attention to your physical, emotional, and mental well-being. Whether it's practicing mindfulness, engaging in regular exercise, or dedicating time to hobbies you love, taking care of yourself is paramount to building resilience and adapting to the changes that come with divorce.

Focus on Co-Parenting (If Applicable):

If you share children with your ex-spouse, co-parenting can be a significant aspect of post-divorce life. Establish open communication, set clear boundaries, and prioritize the well-being of your children. Collaborative co-parenting can create a stable environment for your children and contribute to your personal growth as a parent.

Starting the new year after a divorce is an opportunity for self-discovery, growth, and resilience. By reflecting on the past, setting realistic goals, reconnecting with your identity, building a support system, seeking professional guidance, embracing self-care, and focusing on healthy co-parenting (if applicable), you can navigate this journey with strength and optimism. Remember, each step you take brings you closer to a brighter, more fulfilling future.

CHILDREN TO HOME STATE UNDER WRIT OF HABEAS CORPUS

WRIT OF HABEAS CORPUS FOR THE RETURN OF

CHILDREN WRONGFULLY REMOVED

            When a parent removes a child from one state to another state within the Unites States, the left-behind parent may file a Petition for Writ of Habeas Corpus for the immediate return of the child.

In order for a Florida court to grant the writ for the immediate return of the child, the Court must find that the removal of the child from his/her home state was “wrongful”. The removal of a child is wrongful if it is in violation of an agreement of the parties or a custody order entered in the state of residence. The “custody order”must have been entered in substantial compliance with the due process rights of “notice and opportunity to be heard”.

If your child has been removed from his/her home state and has been brought to Florida without your permission or an order of the court contact Sallato & Associates, PA. We have the experience to know when it will be proper to file the Writ of Habeas Corpus and how to successfully present it to the Florida court.

RETURN OF CHILDREN TO THEIR COUNTRY OF RESIDENCE UNDER THE HAGUE CONVENTION

RETURN OF CHILDREN TO THEIR COUNTRY OF RESIDENCE UNDER THE HAGUE CONVENTION

 When a child is kidnapped/removed from another country and is brought to the United States, the left-behind parent may petition the US Court for the return of the child to the child’s country of residency.

The stay-behind parent can file a petition for the return of his/her child under the terms of the Hague Convention. The petitioner must prove that the child was wrongfully removed from his habitual place of residence. A child is wrongfully removed when the left-behind parent is able to prove that at the time of the removal he had “rights of custody” and that they were being exercised at the time of the removal.

The “rights of custody” required under the convention for the return of the child may arise out of an agreement of the parents, a court order or by operation of law. It is important to note that on many occasions a child is removed from his/her country when there has not been a previous court order deciding custody of the child. However, even in the absence of a court order granting custody rights, a parent derives custody rights by operation of law emanating from either the constitution or legislation such as the concept of patria potestas. These rights of custody are to be found in the legislation of the country of habitual residence.

An attorney experienced in the return of children under the Hague Convention should be consulted as a successful petition requires the knowledge of the US and foreign law and must be able to educate the presiding judge on both. We at Sallato & Associates, P.A. have successfully represented left behind parents from Australia, England, Colombia, Ecuador, and Brazil.

RELOCATION OF CHILDREN

 RELOCATION OF CHILDREN

Under Florida Statute 61.13001, the parent with majority time sharing with the minor children can petition the Court to allow the relocation of the parent and the children to another place or country. The parent who petitions for the relocation must prove to the Court that the move is in the best interests of the children or the relocating party. The Petitioning parent should adequately prepare in order to present to the court proof of better conditions at the new locations, for example: an offer of a better job, better housing, better school district, better extracurricular activities, better health care, etc. The petition for the relocation of children from their place of residence to, sometimes, another country, requires extremely well prepared and thought out preparation in order to improve the likelihood of obtaining the relocation. We, at Sallato & Associates, P.A., have secured the relocation of children as young as three years old from Florida to Chile and from Florida to Venezuela. In the event the Court approves the relocation, the Court will design a substitute visitation plan with the non-relocating parent that will allow the children to continue to enjoy both parents, even if geographically separated.

Welcome to the blog of Maria Teresa Sallato

During the last twenty-three, Maria Teresa Sallato, has dedicated her practice to complex family law cases and international child abductions cases under the Hague Convention.

Of particular importance to her practice is her ability to negotiate a settlement in order to minimize litigation costs as an experienced Florida Supreme Court certified family mediator.

 

El tratado de la Haya

El Tratado de la Haya para el retorno de los Niños sustraídos de Colombia ha Sido FIRMADO por 62 countries, incluido Colombia, Con El Propósito de Prevenir el problema mundial de robo internacional de Niños.

El Tratado se aplic en aquellas Situaciones en que unNiño es sustraído de Colombia sin el Consentimiento de UNO de los Dos Padres. Un Caso típico Para La Aplicación del TRATADO ES CUANDO Los Padres de Menor, los cuales pueden estan teniendo Problemas de custodia, el padre o la Madre deciden llevarse al Menor a Vivir un pecado los estados unidos el Consentimiento del otro. Bajo el Tratado de la Haya el servicio debe Menor regresado a Colombia, para permitir que las cortes de familia de Colombia determinen los Mejores Intereses del Niño. Continue reading “El tratado de la Haya”

UNDER THE “GRAVE RISK EXCEPTION” A CHILD MAY NOT BE RETURNED TO THE CHILD’S COUNTRY OF HABITUAL RESIDENCE By Maria T. Sallato

Did you know that under The Hague Convention related to International Child Abduction a child may not have to be returned to the country of origin even if the parent wrongfully removed the child after explicit orders from the Court not to remove the child? Under Article 13 of the Convention, a child removed from his country, in violation of court orders not to so, may not be ordered returned to his country of habitual residence, if there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The exception requires proof of significant abuse to the child or to the parent by the other parents This exception applies to all signatory countries, such as England, Australia, and Ecuador, to name a few. For more information call Maria T. Sallato, Esq. at: Sallato & Associates. P.A. 9990 SW 77th Avenue, Penthouse 12 Miami, Florida 33156 (305) 598-9600 maria@mariatsallato.com

Benefits of Collaborative Divorce

The convention stems from the response of 62 sovereign nations to the global problem of international child abduction. The overriding objective is to spare children the detrimental emotional effects associated with transnational parental kidnaping.

The Hague Convention was enacted to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the country of their habitual residence. The Convention intends to restore the pre-abduction status quo and deter parents from crossing borders in search of a more sympathetic court for custody hearings. To secure the prompt return of children wrongfully removed to or retained in any Contracting State.

The Convention is premised upon the notion that the child should be promptly restored to his or her country of habitual residence so that a court there can examine the merits of the custody dispute and award custody in the child’s best interest.

Complex Matrimonial Matters

The convention stems from the response of 62 sovereign nations to the global problem of international child abduction. The overriding objective is to spare children the detrimental emotional effects associated with transnational parental kidnaping.

The Hague Convention was enacted to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the country of their habitual residence. The Convention intends to restore the pre-abduction status quo and deter parents from crossing borders in search of a more sympathetic court for custody hearings. To secure the prompt return of children wrongfully removed to or retained in any Contracting State.

The Convention is premised upon the notion that the child should be promptly restored to his or her country of habitual residence so that a court there can examine the merits of the custody dispute and award custody in the child’s best interest.