Topic: Family Law

Materials and best practices when working with family law cases for immigrants.

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[pdf] Parental-Guardian Interests Directive: How to Get a Detained or Removed Person to Court for Family Court Cases Involving Children or Incapacitated Adults (August 12, 2022) (+)

This document provides instructions regarding how attorneys and courts can use the DHS policies on detained parents to arrange to bring parents who are in detention to court for participation in cases involving their children. This document also explains that when DHS knows or learns that a person whom they may be considering for immigration enforcement is the parent or guardian who is the caregiver of a child or incapacitated adult it is against DHS policy to subject the caregiver to immigration enforcement.

Published August 12, 2022 by

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[pdf] Flight Risk of Foreign Born Parents With Children (June 12, 2021) (+)

This publication reports on research data documenting that the parents most likely to kidnap children internationally at those who are most able to travel freely to and from the U.S. and parents with close ties abroad and the means to travel (e.g., dual nationals and foreign born parents who are naturalized citizens, lawful permanent residents, have visas that allow for multiple entries into the U.S., or work visas that allow for travel abroad. It also discusses steps courts and attorneys can take to prevent parental kidnapping and best practices for responding when an opposing party argues in court that the immigration status of a parent makes it likely that the parent will flee the U.S. with the children if the immigrant parent is awarded custody.

Published June 12, 2021 by

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