Crossing Borders, Crossing Lines: International Child Abduction and the Hague Convention

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Crossing borders can change everything—especially in family law. In this episode, we dive into the Hague Convention on the Civil Aspects of International Child Abduction, a treaty that governs what happens when a child is taken from one country to another by a parent. We break down how these cases actually work, including: * What “habitual residence” means and why it matters * The legal process for returning a child to another country * The key defenses that can stop a return—even when removal was wrongful * Why these cases are not custody battles, despite how they feel You’ll also hear real-world examples, strategic considerations for attorneys, and why timing can make or break a case. If you think custody law is complicated, wait until it crosses borders. ⏱️ Chapters 00:00 – Intro: International Law Meets Family Law 01:10 – What Is the Hague Convention? 02:30 – Real-World Example of International Child Abduction 04:00 – “Habitual Residence” Explained 05:10 – Where Attorneys Get Involved 06:15 – How Common Are These Cases? 07:30 – Why Some Children Are Never Returned 09:00 – Building a Case: Legal Standards 12:00 – The Burden Shifts: Defenses Begin 12:30 – The One-Year “Well-Settled” Rule 15:15 – Mature Child Objection 17:30 – Human Rights & Rare Defenses 19:30 – Grave Risk of Harm Standard 23:00 – Why “Best Interest of the Child” Doesn’t Apply 24:30 – Federal vs. State Court Strategy 27:00 – When the Law and the “Right Outcome” Clash 31:00 – Timing Matters: Why These Cases Move Fast 32:00 – Preventing International Child Abduction 34:00 – Game Time (Because… of course) 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/Zdcx5lIcvGI or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com [pshewmaker@shewmakerandlewis.com] | (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com [https://www.shewmakerandlewis.com/] 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards [https://shewmakerandlewis.com/lawyers-without-billboards] 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. [https://www.bleedingedge.tv/] 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

The Art of the Opening Statement | Lawyers Without Billboards S2-Ep21

What makes a great opening statement? Is it storytelling? Strategy? Psychology? Or knowing exactly when to bend the rules without breaking them? In this episode of Lawyers Without Billboards, the team at Shewmaker & Lewis dives deep into one of the most important — and misunderstood — parts of any trial: the opening statement. Steve, Patty, Jimmy, and Alexa break down: * Why opening statements may matter more than closing arguments * How jurors and judges form impressions early * The importance of themes, roadmaps, and courtroom storytelling * Why lawyers should address bad facts head-on * The difference between arguing and “advocating” * How broken promises in opening statements can destroy credibility * Real courtroom war stories, including jury objections, snap decisions, and Steve’s unforgettable “first-person opening statement” technique Whether you're fascinated by courtroom strategy, jury psychology, or just love hearing experienced trial lawyers swap stories, this episode pulls back the curtain on how cases are framed before the first witness ever testifies. 🎙️ No gimmicks. No billboards. Just real lawyers talking about what really happens in court. ⏱️ Chapters 00:00 – Welcome to Lawyers Without Billboards 00:55 – What is the purpose of an opening statement? 03:30 – Why themes matter in trial strategy 05:20 – Opening statements vs. closing arguments 07:30 – Why jurors make up their minds early 11:05 – Can lawyers “open the door” in opening statements? 12:20 – How to craft a compelling opening 15:55 – How much argument is too much? 16:50 – How long should an opening statement be? 18:20 – Addressing bad facts before the other side does 20:55 – Promises lawyers should never make 22:20 – DUI example: facts vs. argument 25:20 – Why lawyers take notes during openings 26:20 – Turning an opening statement into evidence 27:40 – Art vs. science in courtroom storytelling 28:20 – Favorite courtroom opening statement stories 31:15 – Steve’s unforgettable “first-person opening” 36:20 – Final thoughts on courtroom advocacy 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/0h3fiWjIp0U or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com [pshewmaker@shewmakerandlewis.com] | (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com [https://www.shewmakerandlewis.com/] 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards [https://shewmakerandlewis.com/lawyers-without-billboards] 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. [https://www.bleedingedge.tv/] 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

21 de may de 202639 min

Crossing Borders, Crossing Lines: International Child Abduction and the Hague Convention | Lawyers Without Billboards S2-Ep17

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