A lawyer should not knowingly misstate, distort, or improperly exaggerate any fact or opinion nor permit the lawyer’s silence or inaction to mislead anyone
Sunday, 15 September 2019
(Definition of Professionalism, The Standing
Committee on Professionalism.)
A lawyer is not normally subject to Florida Bar discipline for violating professionalism
expectations, but the Supreme Court has stated that in some cases, unprofessional behavior can
also violate the ethics standards stated in the Florida Rules of Professional Conduct, particularly
Rule 4-8.4(d), which describes lawyer misconduct that is prejudicial to the administration of
justice. In other words, if a lawyer’s unprofessional conduct is sufficiently severe, the lawyer
may subject to discipline under the “ethics” rules, the Florida Rules of Professional Conduct.
There are a number of documents that collect the expectations for lawyer professionalism in
Florida into one “integrated standard.” In its Code for Resolving Professionalism Complaints, the
Florida Supreme Court names the following documents as containing the integrated standards it
has for lawyer professional conduct:
o The Florida Bar Professionalism Expectations;
o The Florida Bar Oath of Professionalism;
o The Florida Bar Creed of Professionalism;
o The Florida Rules Regulating the Florida Bar; and
o The decisions of the Florida Supreme Court.
In its Code for Resolving Professionalism Complaints, the Supreme Court says that “substantial
or repeated violations” of the standards announced in the documents above constitute
“unprofessional conduct.”
Unprofessional conduct as described in these documents that does not rise to the level of a
violation of the Florida Rules of Professional Conduct can be handled through an informal
process described in the Florida Supreme Court’s Code for Resolving Professionalism
Complaints. That process allows any person to initiate a professionalism complaint with The
Florida Bar or with a Local Professionalism Panel. Usually, these Panels are made up of lawyers
in the circuit.
The Bar or a Local Professionalism Panel can resolve Professionalism Complaints informally by
providing remedial guidance, if needed. A Panel cannot discipline a lawyer. Alternatively, if the
complaint cannot be resolved informally, the Bar or the Local Professionalism Panel can refer to
matter to The Florida Bar for an investigation into whether the unprofessional conduct violated
the Florida Rules of Professional Conduct.
Although the Florida Supreme Court does not include other professionalism standards as part of
its process for resolving professionalism complaints, students should be aware that there may be
additional guidelines that come from courts or local bar associations.
Creed of Professionalism
I revere the law, the judicial system, and the legal profession and will at all times
in my professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public good.
I will strictly adhere to the spirit as well as the letter of my profession's code of
ethics, to the extent that the law permits and will at all times be guided by a
fundamental sense of honor, integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion
and will not improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determination of
every action and resolution of every controversy.
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will
at all times act with dignity, decency, and courtesy.
I will respect the time and commitments of others.
I will be diligent and punctual in communicating with others and in fulfilling
commitments.
I will exercise independent judgment and will not be governed by a client's ill will
or deceit.
My word is my bond.
Committee on Professionalism.)
A lawyer is not normally subject to Florida Bar discipline for violating professionalism
expectations, but the Supreme Court has stated that in some cases, unprofessional behavior can
also violate the ethics standards stated in the Florida Rules of Professional Conduct, particularly
Rule 4-8.4(d), which describes lawyer misconduct that is prejudicial to the administration of
justice. In other words, if a lawyer’s unprofessional conduct is sufficiently severe, the lawyer
may subject to discipline under the “ethics” rules, the Florida Rules of Professional Conduct.
There are a number of documents that collect the expectations for lawyer professionalism in
Florida into one “integrated standard.” In its Code for Resolving Professionalism Complaints, the
Florida Supreme Court names the following documents as containing the integrated standards it
has for lawyer professional conduct:
o The Florida Bar Professionalism Expectations;
o The Florida Bar Oath of Professionalism;
o The Florida Bar Creed of Professionalism;
o The Florida Rules Regulating the Florida Bar; and
o The decisions of the Florida Supreme Court.
In its Code for Resolving Professionalism Complaints, the Supreme Court says that “substantial
or repeated violations” of the standards announced in the documents above constitute
“unprofessional conduct.”
Unprofessional conduct as described in these documents that does not rise to the level of a
violation of the Florida Rules of Professional Conduct can be handled through an informal
process described in the Florida Supreme Court’s Code for Resolving Professionalism
Complaints. That process allows any person to initiate a professionalism complaint with The
Florida Bar or with a Local Professionalism Panel. Usually, these Panels are made up of lawyers
in the circuit.
The Bar or a Local Professionalism Panel can resolve Professionalism Complaints informally by
providing remedial guidance, if needed. A Panel cannot discipline a lawyer. Alternatively, if the
complaint cannot be resolved informally, the Bar or the Local Professionalism Panel can refer to
matter to The Florida Bar for an investigation into whether the unprofessional conduct violated
the Florida Rules of Professional Conduct.
Although the Florida Supreme Court does not include other professionalism standards as part of
its process for resolving professionalism complaints, students should be aware that there may be
additional guidelines that come from courts or local bar associations.
Creed of Professionalism
I revere the law, the judicial system, and the legal profession and will at all times
in my professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public good.
I will strictly adhere to the spirit as well as the letter of my profession's code of
ethics, to the extent that the law permits and will at all times be guided by a
fundamental sense of honor, integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion
and will not improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determination of
every action and resolution of every controversy.
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will
at all times act with dignity, decency, and courtesy.
I will respect the time and commitments of others.
I will be diligent and punctual in communicating with others and in fulfilling
commitments.
I will exercise independent judgment and will not be governed by a client's ill will
or deceit.
My word is my bond.
Friday, 13 September 2019
Claudia Hernandez
Claudia Hernandez,
667498
2714 Middle St
Orlando, FL 32807-6414
United States
Office: 321-202-0328
is our senior Associate Attorney. Ms. Hernandez is a Mexican-American who relocated to Florida in 1999. She is a member of the Florida Bar and was most recently employed by the Department of Children and Families (DCF), Children’s Legal Services, as a Senior Attorney. In this capacity, Ms. Hernandez handled a busy docket advocating on behalf of Florida’s children. She has been the lead attorney in hundreds of child welfare hearings before the Dependency Court.
Representing the State of Florida and prosecuting dependency matters before the Florida Circuit Court, Ms. Hernandez handled the direct and cross examination of expert witnesses, law enforcement and medical professionals, the preparation of witnesses for trial and advocacy before judges in an adversarial process. This work required due consideration be given to the health and well being of the children, the health and well being of their parents and a general assessment of what would be in the “best interest” of the children for which Ms. Hernandez advocated for in the Circuit Court. Ms. Hernandez’s work also involved the provision of legal advice and counsel to the employees and service contract providers working with DCF.
Wayne Starr
Certified Foreign Legal Consultants
Judicial Nominating Commissions
Wayne Starr
Member in Good Standing
Eligible to Practice Law in Florida
Bar Number:
656755
Mail Address:
Wayne Starr P.A.
PO Box 560206
Orlando, FL 32856-0206
United States
Office: 407-228-7280
Cell: 407-228-7280 - No Text Messages
Fax: 407-228-4296
Email:
Personal Bar URL:
https://www.floridabar.org/mybarprofile/656755
Disrupted impartiality of the court...
What is Fraud on the Court? Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice. Some examples of fraud on the court include: Fraud in the service of court summons (such as withholding a court summons from a party) Corruption or influence of a court member or official Judicial fraud Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process “Unconscionable” schemes to deceive or make misrepresentations through the court system It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean: Fraud between the two opposing parties Submission of fraudulent documents Perjury or false statements by witnesses
For the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences like a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service.
If a court official is found to be biased or prejudiced even before fraud occurs, they are required to excuse themselves from the case, and a different official must be appointed. In some jurisidictions, a trial tainted by fraud on the court will be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date.
Friday, 5 July 2019
False Report FRAUD TO COMMENCE PROCEEDINGS AFTER AN EARLIER DISMISSED ALLEGATION IN THE FL NINTH DISTRICT JUVENILE COURTS -6 DAYS PRIOR- THE SAME FL DCF CPI'S MISUSE OF OFFICE TO HARASS ME OUT ON THE ORLANDO, FL STREET WITH A SCENE AT A NEIGHBORHOOD GROCER - COPS & OVER INFLATED BEHAVIOUR BY THE ACCOMPANYING CPI WHO GOT OUT THEIR GOVERNMENT VEHICLE YELLING "ITS OVER!, ITS OVER!" LOUD ENOUGH FOR THE SMALL NEIGHBORHOOD BLOCK & COMMUNITY TO FORM SOME TYPE OF OPINION THAT A CRIMINAL ACT OR CHARGE WAS INVOLVED - ESCORTED BY THE POLICE WITH NO COURT PAPER WORK - THEY DETAINED OR TEMPORARILY PLACED THE TWO CHILDREN OVERNIGHT WITH THEIR DADS, (WHO SHE HAD ALREADY CALLED OUT TO THE NEIGHBORHOOD BEFORE THE STOP) PRACTICALLY STRANGERS WHO WERE CALLED AS THE OTHER BIOLOGICAL PARENT RATHER THAN THE EXISTENCE OF A PREEXISTING RELATIONSHIP FOR MY KID TO STAY IN A STRANGER'S HOME UNTIL HER FALSE ALLEGATION WAS DISMISSED THE NEXT MORNING. ALL TAKING PLACE WITHIN TWO DAYS OF MY DAUGHTER'S BIRTHDAY "HOLIDAY" ON 1/29/2011. FL CLASSIFIES CRIMES COMMITTED AROUND HOLIDAYS AS HATE CRIMES! OUTRIGHT MOCKERIES THE DAD IS THE ONE WITH NUMEROUS CRIMINAL CHARGES
Dismissed by Judge Anthony H. Johnson
01/27/2011, 6 Days earlier was a fraudulent claim.
Then Handley goes back into her "venue" & lies & reports that there are two missing children on February 3, 2011 in RETALIATION AFTER THEIR INITIAL LOSS.
BUT YOU DIDN'T TELL JUDGE DONALD GRINCEWITZ THAT. NOR DID YOU EVEN MENTION ANYTHING ABOUT A "MISSING CHILD" THAT COULD BE USED IN AN APPEAL ACCORDING TO THE FLORIDA CIVIL RULES OF PROCEDURE REGARDING APPELLATE ATTORNEY GUIDELINES?
FELICIA HANDLEY NEVER TOOK THE STAND TO PERJURY HERSELF NOR DID THE ATTORNEY ONCE MENTION A MISSING CHILD IN THE COURT MINUTES.
PREMEDIATED WHITE COLLAR CRIME.
Complaint (5617503201, FELICIA HANDLEY, ORANGE COUNTY, FL CF OPERATING PROCEDURE NO. 180-4 False CPI, PERSONAL TORTS, TORT OF FRAUD Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children Felicia Handley after making such a false statement never commented or was asked questions during the proceedings because of the fraud on the court which all the attorneys knew about as well as a previous dismissal on January 29th, 2011.
https://www.quora.com/How-would-you-advise-a-lawyer-if-he-knows-the-client-is-committing-perjury-but-the-perjury-will-help-in-winning
The obligations of an advocate faced with a threat of perjured testimony
It is an ethical violation of the highest consequence for a lawyer to violate their duty of truthfulness and candor to the tribunal, and it is a criminal act for a lawyer to suborn perjury.
01/27/2011, 6 Days earlier was a fraudulent claim.
Then Handley goes back into her "venue" & lies & reports that there are two missing children on February 3, 2011 in RETALIATION AFTER THEIR INITIAL LOSS.
BUT YOU DIDN'T TELL JUDGE DONALD GRINCEWITZ THAT. NOR DID YOU EVEN MENTION ANYTHING ABOUT A "MISSING CHILD" THAT COULD BE USED IN AN APPEAL ACCORDING TO THE FLORIDA CIVIL RULES OF PROCEDURE REGARDING APPELLATE ATTORNEY GUIDELINES?
FELICIA HANDLEY NEVER TOOK THE STAND TO PERJURY HERSELF NOR DID THE ATTORNEY ONCE MENTION A MISSING CHILD IN THE COURT MINUTES.
PREMEDIATED WHITE COLLAR CRIME.
Complaint (5617503201, FELICIA HANDLEY, ORANGE COUNTY, FL CF OPERATING PROCEDURE NO. 180-4 False CPI, PERSONAL TORTS, TORT OF FRAUD Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children Felicia Handley after making such a false statement never commented or was asked questions during the proceedings because of the fraud on the court which all the attorneys knew about as well as a previous dismissal on January 29th, 2011.
https://www.quora.com/How-would-you-advise-a-lawyer-if-he-knows-the-client-is-committing-perjury-but-the-perjury-will-help-in-winning
The obligations of an advocate faced with a threat of perjured testimony
It is an ethical violation of the highest consequence for a lawyer to violate their duty of truthfulness and candor to the tribunal, and it is a criminal act for a lawyer to suborn perjury.
Thursday, 28 February 2019
- Fraud is defined as a deliberate deception that is designed to enrich the perpetrator, whether financially or personally. It differs from thefts such as larceny, burglary or robbery in that it has to do with misrepresentation rather than a physical act. For an act to be categorized as a fraud, there are four major factors that must be present. They are:Misrepresentation of a fact.The perpetrator must know that the information being presented is false at the time that it is being presented.The perpetrator provided the information with the intention that it would be trusted by the victim the fraud was committed against.The victim believed the misrepresentation and was harmed as a result, through some kind of loss.Fraud can be categorized as either civil or criminal, and the difference lies in how it is prosecuted and the level of proof that is required. For a fraud to reach a criminal level and be prosecuted by the state or federal government, it must be able to be proven beyond a reasonable doubt. The penalties for being found guilt of a criminal fraud can include fines and jail time. Civil fraud can be prosecuted by a personal attorney and the burden of proof is much lower – a jury does not have to be unanimous in order for a civil fraud case to be won. The end result of prosecuting a successful civil fraud case is to reimburse the victim of the crime for the losses that they have incurred.If you suspect that you have been the victim of a fraud and want to know whether or not you have grounds to file a civil fraud lawsuit, the first thing that you need to determine is whether all of the points listed above are present. Did the person make a false representation to you, knowing full well that what they were saying was a misrepresentation of fact? Can you prove that they intended for you to rely upon them telling the truth? Was it reasonable for you to believe it, and were you harmed as a result of your belief?There are a lot of variables involved in pursuing a fraud case, and there are many different degrees of guilt. Even if not all of the elements listed above are present, you may be able to pursue a lawsuit for negligent misrepresentation, concealment, or non-disclosure. In these situations you may be able to prove that rather than misrepresenting a fact, fraud occurred through a seller not revealing a material fact that would have kept you from making a purchase.If you believe that somebody has cheated you intentionally and you have suffered a loss as a result, it is in your best interest to seek the guidance of a qualified civil fraud attorney to review your options. There is a statute of limitations for filing a fraud case, so don’t let too much time go by. The attorneys at Bochetto and Lentz have extensive experience in helping clients recover damages lost to fraud.
FLORIDA DEPT OF CHILDREN AND FAMILIES CHILDREN'S LEGAL DIVISION, THE CHILD PROTECTIIN DIVISION AND
GUARDIAN LITIEUM. NO ONE SAID A WORD ABOUT THE ORDER OF ARRAIGNMENT STATEMENT THAT MICHYL AND ISIS SHAW WERE SUPPOSEDLY MISSING ON 02/03/2011. I CONTACTED
THE NATIONAL MISSING AND EXPLOITED
CHILDREN AND THE ORGANIZATION HAD NO FORMAL COMPLAINT EITHER.
THIS WAS A FALSE REPORT THE WOMAN USED TO PROLIFERATED
DERROGATORY STATEMENTS, ASSASSINATION OF CHARACTER AND PARTICIPATE IN ABUSIVE LITIGATIIN TO
HELP WITH EXINTIMATE PARTNER VIOLENCE. THEN SEVERAL STATE EMPLOYEE S KEPT IT GOING ON TO INVADE MY RESIDENTIAL PRIVACY AND LIE
ABOUT NECESSARY MONITORING AS
IF I HAD COMMITED A CHILD CRIME WHEN FACT I DO NOT HAVE ANY CRIMINAL CHARGES RELATED TO CHILDREN. EDhttpsplaint.blogspot.com/2017/11/posted-in-linkedin-central-florida.html?m=1
Complaint (5617503201, FELICIA HANDLEY, ORANGE COUNTY, FL CF OPERATING PROCEDURE NO. 180-4 False CPI, PERSONAL TORTS, TORT OF FRAUD Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children Felicia Handley after making such a false statement never commented or was asked questions during the proceedings because of the fraud on the court which all the attorneys knew about as well as a previous dismissal on January 29th, 2011.
https://www.quora.com/How-would-you-advise-a-lawyer-if-he-knows-the-client-is-committing-perjury-but-the-perjury-will-help-in-winning
The obligations of an advocate faced with a threat of perjured testimony
It is an ethical violation of the highest consequence for a lawyer to violate their duty of truthfulness and candor to the tribunal, and it is a criminal act for a lawyer to suborn perjury.
If a lawyer knows that their client has lied or is going to lie on the stand, they must generally request that the court permit them to withdraw, and in most states must do so without breaching their attorney-client privilege. Most judges would pretty quickly figure out what has happened, given the circumstances surrounding the request and a properly-worded motion (“I can no longer ethically represent my client, as to do so would endanger my ability to practice law in accord with the ethical rules to which all lawyers must adhere.”).
In a few states, the lawyer may breach the attorney-client privilege in such circumstances, and may explicitly tell the judge in their (sealed) motion that the client or a witness is known to the lawyer to have committed perjury on the stand.
It’s important to note that this only occurs when the lawyer knows that the client or witness is perjuring themselves; simply believing they are doing so, or being in a situation where they should know but do not is not sufficient to trigger this rule. This is one reason why criminal defense lawyers are very careful about the information that they request from their clients, and often advise them to only tell the attorney information that is specifically requested.
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This answer is not a substitute for professional legal advice....
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Upvote · 16
Oz Childs
Oz Childs, I've been a lawyer since 1970 and was a law student before that.
I think a lawyer never know his client is going to commit perjury because even if the client says...
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Christopher Susie
Christopher Susie, J.D. Law, George Mason University School of Law (2005)
Answered Jun 2, 2016
In criminal trials, the situation is tricky for the defense lawyer who knows his client is going to lie. When I worked at the public defenders office as a clerk in law school, I got to watch a lot of criminal trials.
The defendant hardly ever testified — I saw two defendants testify in maybe the 100+ criminal trials I observed in Circuit Court.
When one of them testified, something unusual happened: his lawyer did not perform direct examination like he did with other witnesses (i.e. his lawyer did not ask him any question). The client took the stand and told a story without being prompted at all by the lawyer. That person was convicted.
I asked an attorney nearby what was up with the lack of direct examination: the (other) attorney told me that is how you handle a criminal defendant client that insists on testifying but you know he is going to lie. The lawyer does not elicit the information from the client. This just about guarantees that the judge (though not necessarily the jury) knows that the client is lying. But it preserves the criminal defendant’s right to testify without requiring the attorney to suborn perjury.
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Ellen Harman
Ellen Harman, Practicing attorney in Illinois focusing on workers compensation and related areas including tort defense, ...
Answered May 23, 2016 · Upvoted by Cliff Gilley, JD cum laude, Seattle University Class of 2000
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The lawyer has a law license. He/ she should not need any advice on this question.
Below is the excerpt from the Illinois Rules of Professional Conduct. It pretty much mirrors the ABA Model Code.
We are tested on this , we have to take continuing education courses on it in many states.
I provide the whole Rule. I have placed the relevant section is boldface.
As a profession, we know what to do and how to respond. The few who “forget” or try to weasel out lose their law license.
Sorry if this sounds stuffy, but it is black letter and inflexible for us.
RULE 3.3: CANDOR TOWARD THE TRIBUNAL
(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter,that the lawyer reasonably believes is false.
(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures,including, if necessary, disclosure to the tribunal.
(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. [client confidentiality; my comment]
(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision,whether or not the facts are adverse.
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Sheila ShawComment...
Claire Wright
Claire Wright
Answered May 14, 2016
As an officer of the court, a lawyer cannot have his client perjure himself on the stand, that is, if that lawyer knows it is a lie. Otherwise, a lawyer would be perpetuating fraud upon the court. At that point, the lawyer is under an obligation to withdraw from the case (according to the rules of professional conduct). The lawyer is not required to divulge the reason for the withdrawal, in fact, it is improper to disclose such reasons due to attorney/client privilege but it would usually give the judge a good clue based on timing of the withdrawal. In short, a lawyer cannot stand by and watch the client lie to the court.arental Child Abductions
The FBI investigates matters when a parent abducts his or her own child and flees for parts unknown, often overseas. Our field offices across the country serve as the primary points of contact for those seeking help. To request assistance or learn more about our services, please contact a member of the CETF at your local FBI office.
Two federal criminal investigative options and one non-criminal or civil method may be pursued when a child is abducted by a parent and taken over state lines or outside the U.S.:
The International Parental Kidnapping Crime Act (IPKCA) of 1993: A criminal arrest warrant can be issued for a parent who takes a juvenile under 16 outside of the U.S. without the other custodial parent’s permission.
Unlawful Flight to Avoid Prosecution (UFAP)—Parental Kidnapping: When criminal charges are filed by a state that requests our help, a criminal arrest warrant can be issued for an abducting parent who flees across state lines or internationally. See below for more details.
The Hague Convention on the Civil Aspects of International Child Abduction: In nations that have signed the Hague Convention, there is a civil process that facilitates the return of abducted children under 16 to their home countries. See below for more details.
The criminal processes enable the arrest of the abducting parent but do not specifically order the return of the child, although the child is usually returned when the parent is apprehended. The civil process, on the other hand, facilitates the return of the child but in no way seeks the arrest or return of the abductor. As a result, a criminal process would not be pursued if circumstances indicate it will jeopardize an active Hague Convention civil process.
Based on these considerations, we pursue criminal action in international parental kidnappings on a case-by-case basis. We take into account all the factors and guidance among the impacted state and federal law enforcement agencies, state and/or federal prosecutors, the Department of State, the Department of Justice, and the left-behind parent.
It’s important to understand that the FBI has no investigative jurisdiction outside the U.S., except on the high seas and other locations specifically granted by Congress. We work through our existing partnerships with international authorities through the U.S. Department of State, our Legal Attaché program, and Interpol.
If you are a left-behind parent, please see the Department of Justice’s International Parental Kidnapping webpage for more information.
Our authority in parental kidnapping cases stems from the Fugitive Felon Act. Although this statute most commonly applies to fugitives who flee interstate and/or internationally, Congress has specifically declared that the statute is also applicable in cases involving interstate or international parental kidnapping. Because many fugitives flee with their own children, the statute serves as an effective means for the FBI to help local and state law enforcement arrest these fugitives. In order for the FBI to assist with a UFAP arrest warrant, the following criteria must be met:
There must be probable cause to believe the abducting parent has fled interstate or internationally to avoid prosecution or confinement.
State authorities must have an outstanding warrant for the abductor’s arrest charging him/her with a felony under the laws of the state from which the fugitive flees.
State authorities must agree to extradite and prosecute that fugitive from anywhere in the U.S. if the subject is apprehended by the FBI.
The local prosecuting attorney or police agency should make a written request for FBI assistance.
The U.S. Attorney must authorize the filing of a complaint, and the federal arrest process must be outstanding before the investigation is instituted.
More on the Hague Convention
To assist with the recovery of children abducted internationally, the U.S. implemented federal legislation under the International Child Abduction Remedies Act by signing the Hague Convention on the Civil Aspects of International Child Abduction in 1988. The Hague Convention is an agreement among its signatories that states:
FRAUD
Rule 12.003
Coordination of Related Family Cases and Hearings
(a) Assignment to One Judge.
(1) All related family cases must be handled before one judge unless impractical.
(2) If it is impractical for one judge to handle all related family cases, the judges assigned to hear the related cases involving the same family and/or children may confer for the purpose of case management and coordination of the cases. Notice and communication shall comply with Canon 3.B.(7) of the Code of Judicial Conduct. The party who filed the notice of related cases or the court may coordinate a case management conference under rule 12.200 between the parties and the judges hearing the related cases. In addition to the issues that may be considered, the court shall:
(A) consolidate as many issues as is practical to be heard by one judge;
(B) coordinate the progress of the remaining issues to facilitate the resolution of the pending actions and to avoid inconsistent rulings;
(C) determine the attendance or participation of any minor child in the proceedings if the related cases include a juvenile action; and
(D) determine the access of the parties to court records if a related case is confidential pursuant to Florida Rule of Judicial Administration 2.420.
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