Your Child Was Taken Across Borders. Every Hour Matters.
International child abduction cases move faster than almost any other matter in family law. I have direct experience with Hague Convention proceedings, U.S. State Department coordination, and cross-border custody emergencies. If your child has been taken — or if you're facing a return petition — you need to act now.
Serving San Diego County since 2012 • English & Spanish • Hague Convention cases
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The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to secure the prompt return of children wrongfully removed or retained in a country that is not their country of habitual residence.
When a Child Is Taken Internationally, the Clock Starts Immediately
These cases are unlike anything else in family law. The legal framework is international. The courts move on compressed timelines. And if you don't act fast, the situation can become significantly harder to reverse.
Your child has been taken to another country — or you've just been served with a Hague Convention petition to return your child
You don't understand how the treaty works, what your rights are, or what happens next
You're thousands of miles away from your child and don't know who can actually help
This is one of the most frightening situations a parent can face. You need someone who has been in these cases before and knows exactly how to move.
What's at Stake in an International Abduction Case
The longer a child remains in the country they were taken to, the more complicated the legal situation becomes. Courts consider habitual residence, the passage of time, and the child's adjustment to their new environment. Speed matters.
With legal guidance
Your child is returned quickly under a Hague Convention order
The child is allowed to remain in the United States under one of the exceptions to return the child to the country of habitual residence
Your parental rights are protected through the legal process
You have experienced legal representation coordinating across jurisdictions
Without legal guidance
Delays allow the other parent to establish new ties in the foreign country — making return harder
Missing filing deadlines or using the wrong legal process forfeits critical protections and defenses
A poorly handled defense leads to a return order that separates you from your child
Operating without counsel familiar with both domestic and international family law
Experience With the Cases Most Attorneys Have Never Seen
I understand the terror of having your child in another country and not knowing how the system works or who's going to help you. These cases feel impossible — but they are solvable, and the legal framework exists specifically to address them. My job is to move you through that framework as quickly and effectively as possible.
I have handled international child abduction cases involving coordination with the U.S. State Department, local District Attorney’s Office, foreign governments, and foreign courts. I've represented both petitioning parents seeking the return of a child and respondents defending against return orders. I understand the Hague Convention's requirements, timelines, and defenses — and I know how these proceedings move through the California superior court system.
Direct experience with Hague Convention proceedings in California
Cases involving U.S. State Department, local District Attorney’s Office, and foreign government coordination
Represented both petitioning and responding parents
Family law attorney since 2012 — based in San Diego, a border region with significant cross-border family law matters
Consulting Attorney, Consulate General of Mexico in San Diego
Time is the most critical factor in these cases. Reach out now — I'll assess your situation, explain exactly what legal process applies, and tell you what needs to happen in the next 24–72 hours.
File and Coordinate Across Jurisdictions
Whether we're filing a Hague petition, responding to one, or pursuing parallel domestic custody proceedings, I'll handle the filings, coordinate with the relevant authorities, and build the strongest possible case on your behalf.
Pursue the Fastest Path to Protecting Your Child
These courts move quickly by design. I'll make sure we're using every available mechanism to get your child home or protect your rights as efficiently as possible.
These cases are complex. But they have a legal structure — and I know how to work within it.
What to Know About International Child Abduction and the Hague Convention
The United States is a signatory, as are most of the major countries from which or to which children are most commonly taken. When a child is taken from the U.S. to a Hague signatory country (or vice versa), the left-behind parent can file a Hague petition seeking the child's return. The petition is filed in the courts of the country where the child is located. In the United States, these cases are heard in federal or state court on an expedited basis — typically within six weeks of filing. The standard for return is not "what's in the best interest of the child" in the traditional family law sense — it's whether the child was habitually resident in the petitioning country and whether the removal was wrongful under that country's custody laws. Defenses to return exist but are narrow: they include grave risk of harm to the child, the child's own objection (for older children), and whether the left-behind parent was not actually exercising custody rights. San Diego's location and the nature of its cross-border community means these cases arise with some regularity here.
Common situations
A parent takes a child from Mexico to the United States without the other parent's consent
You've been served with a Hague petition demanding the return of your child to another country
Your child was taken internationally and you don't know how to start the legal process
The essentials
The Hague Convention applies when a child is taken to or from a signatory country
Hague cases in U.S. courts are heard on an expedited basis — typically within 6 weeks
The legal standard is habitual residence and wrongful removal — not "best interest" in the traditional sense
Why This Practice Area Requires Specialized Experience
Most family law attorneys have never handled a Hague case
The Hague Convention is a specialized area of international law. The procedural requirements, timelines, and available defenses are different from anything in a standard California family law case. Experience matters enormously here.
I've been on both sides
I've represented parents filing Hague petitions and parents defending against them. That dual perspective makes my case strategy sharper — I understand what the other side is going to argue before they argue it.
My location and relationships are an asset
San Diego is a border city. California is a destination to many international families. Cross-border custody cases are part of the fabric of family law here.
I felt compelled to write this due to some if the begative reviews I saw. My experience wasn’t anything like those experiences. I’m not sure if he is as aggressive as some people may like, but I thought he handled the opposing counsel quite well when we convened before court. Ben is 100% honest and realistic. He’s not going to tell you what you want to hear, he’s going to tell you what the likely outcomes will be. Family court is complicated and even when you think you have compelling evidence, the judge may shrug and not care (that happened to me). After court, my ex vegan violating the order immediately. I contacted Been and his advice was to document everything and then contact him down the road because contacting him with every incident eats up your retainer. So, if you want someone to placate to you, go throw away your money with a different attorney. If you want someone that is level headed, offering honest advice and giving you realistic outcomes, contact Ben. Chris W.
ChrisChild Custody
5 out of 5 stars
Thank you Ben for everything, for me and my son. I just got custody of my son after spending over 13k on attorneys and other legal fees over 10 yrs of hard work sweat and tears. I’m grateful to have found Ben and to have him on my team. I would recommend Ben to my closest friends and family members, so if you are thinking about retaining Ben, don’t think twice! -Efrain
EfrainChild Custody
5 out of 5 stars
My ex and children live in California. but I live out of state and could not travel to San Diego for the various court hearings. Mr, Aguilar arranged for me to appear over the telephone every time the court needed me to appear. Mr.Aguilar kept me informed about the status of my case and promptly notified me of any developments. I saved a lot of money by not having to travel to California for the various hearings. I truly believe the outcome of my case would have been the same even if I were present for the court hearings. I learned to trust Mr. Aguilar during the divorce/custody process. Mr. Aguilar really made sure that my rights as a parent were preserved despite the fact that I live out of state.
JCChild Custody
5 out of 5 stars
Ben Aguilar is a talented, whip-smart, and thorough attorney. He is all business in his interactions but he was very thoughtful and sensitive about my situation as a divorced Dad with a child whom I miss dearly. He writes impeccable correspondence. He brought a strategy to the table but he didn’t impose it on me. He is not overly aggressive; he is sensible. It was obvious to me how much he is respected by the judges at Family Court in Vista. Ben was recommended to me by a supervisor who had interacted with him in court. She said he was among the best family court lawyers she’d worked with and that he was hard-working and affordable. He is all that and more. I recommend him 100%.
Reviews reflect individual client experiences. Prior results do not guarantee a similar outcome.
FAQ
Frequently Asked Questions About International Child Abduction
What is the Hague Convention and does it apply to my case?
The Hague Convention on International Child Abduction is a treaty that provides a legal mechanism for the return of children wrongfully taken across international borders. It applies when both countries are signatories and when the child was habitually resident in one country before being taken to another. Whether it applies to your specific situation depends on the countries involved and the custody status at the time of removal. Contact me immediately — this is the first thing we need to determine.
How fast do these cases actually move?
Faster than most family law proceedings. U.S. courts are required to handle Hague cases on an expedited basis — typically within six weeks of filing. That urgency runs in both directions: if you need to file, you need to file now. If you've been served, you have a very short window to prepare your response.
Can I defend against a Hague return petition?
Yes. The defenses are narrow but real: grave risk of harm to the child, the child's own objection (if they're of sufficient age and maturity), whether the left-behind parent wasn't actually exercising custody rights, or whether the child has become settled in the new country after more than a year. I've successfully argued defenses in these cases. Whether a defense applies depends entirely on the facts.
International abduction cases are time-sensitive in a way few other legal matters are. I'll tell you exactly what applies to your situation and what needs to happen next — today, not next week.
