WILLIAM M. HILTON Attorney at Law Certified Family Law Specialist State of California Board of Legal Specialization Box 269 Santa Clara, California 95052-0269 Web Site: http://www.hiltonhouse.com E-Mail: hilton34@hiltonhouse.com TEL: (408) 246-8511 == FAX: (408) 246-0114 EDUCATION Santa Clara University School of Law Santa Clara, California Juris Doctor, May 1973 Florida Institute of Technology Melbourne, Florida Bachelor of Science in Electrical Engineering With Honors, Jun 1967 Continuing Legal Education Approximately twenty (20) hours per year 1974 to present First National Conference on Child Custody and Parental Kidnaping Cases Presented by the Child Custody Project and the Family Law Section of the American Bar Association Crystal City, Virginia 10-11 Sep 1982 SPECIAL MEETINGS ON THE HAGUE CONVENTION Special Commission on the Operation of the Hague Convention on the Civil Aspects of Child Abduction. A four day meeting of all of the Contracting States and Observing States to discuss the effect of the implementation of The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980 [The Convention]. Representatives from fourty three countries were present, along with representatives from various international organizations. Hague Conference on Private International Law The Hague, The Netherlands 18 - 21 Jan 1993 Briefing on the Hague International Child Abduction Convention and Related Federal Legislation Department of State and American Bar Association Headquarters Washington, DC 06-07 Jan 1989 Hague Convention on International Child Abduction A two day meeting to discuss state and federal implementation of the Hague Convention on International Child Abduction. Representatives from the Department of State, California Attorney General's Office and other states were present. San Francisco, California 01- 02 Mar 1985. AWARDS United States Department of State Certificate of Appreciation for ". . . superb expertise on international jurisdictional issues and the Hague International Child Abduction Convention . . ." and for ". . . exemplary leadership in training other lawyers on child abduction and his development of a superior computer data base of Hague cases . . ." which have ". . . contributed greatly to protecting children and their families around the world." Washington, DC 29 Mar 1996 California's foremost expert on interstate custody matters. California's Most Respected Lawyers California Lawyer September 1989 - Volume 9, Number 9 COURSES TAUGHT "Understanding and Using Interstate and International Statutues and Treaties to Obtain and Enforce Custody of Children." Oregon Academy of Family Law Practitioners Portland, Oregon 18 Apr 1996 "UCCJA/International Custody Issues" Placer County Bar Association: Continuing Education Conference Granlibakken, Lake Tahoe, California 21 and 22 Apr 1995 "Establishing California Jurisdiction Under the Uniform Child Custody Jurisdiction Act." Alameda County Bar Association Oakland, California 26 Oct 1994 "International Child Abduction: The US Experience" Organized by IBC Legal Studies and Services, Ltd. in association with Mishcon de Reya, Solicitors. Cafe Royal, London, England 06 Jun 1994 "Custody Jurisdiction and Parental Abduction" 1994 Annual Conference of the Association of Family and Conciliation Courts (Co-sponsored by the Famiy Law Section of the American Bar Association) Maui, Hawaii 11 May 1994 "Winning Interstate and international Custody Cases" 1994 Family Law Symposium of the Family Law Section of the Los Angeles County Bar Association. Los Angeles, California 07 May 1994 "Interstate and International Child Custody Jurisdiction" Marin County Bar Association Corte Madera Inn, Corte Madera, CA 26 Mar 1994 "Out of State Custody Issues" State Bar of California Annual Meeting, General and Solo Practice Section San Diego, California 09 Oct 1993 "Defending a Hague Return Case in the U.S." "Demonstration of Computer Data Base" "Mock Trial" North American Symposium on International Child Abduction ABA Center on Children and the Law Washington, DC 30 Sep and 01 Oct 1993 "The UCCJA and the PKPA" Family Law Clinic of Golden Gate University Law School San Francisco, California 28 Apr 1993 "The UCCJA, PKPA and The Convention" Guest Lecturer, Family Law Course, University of Santa Clara Santa Clara, California 07 Apr 1993 "Jurisdiction and its Cousins" Fourth Annual Family Law at Tonopah Seminar Family Law Section of the Navada Bar Association 18-20 Mar 1993 "Uniform Child Custody Jurisdiction Act (UCCJA): Don't Run for the Border" Family Law Section of the Alaska Bar Association Anchorage, Alaska 06 Oct 1992 "The UCCJA, PKPA and the Hague Convention" Assisting Low Income Clients in Family Law Matters - Southern California Women's Law Center Berkley, California 17 Sep 1992 "Effects of the Hague Convention" Santa Clara County Bar Association's Juvenile Law Section San Jose, CA 29 Jun 1992 "Interstate and International Child Custody Disputes" Family Law Section of the Losa Angeles County Bar Association Los Angeles, CA 23 Apr 1992 "The Stolen Child: International Litigation Using the Hague Convention" (With: Sally Light, Department of State; Robert D. Arenstein, New York; Hon. Joanne Alper, Arlington, VA) American Bar Association, Section of Family Law Washington, DC 11 Apr 1992 "The UCCJA and the PKPA -- An Update" California Juvenile Officers Association 43rd Annual Training Conference Tenaya Lodge, Fish Camp, California 12 Mar 1992 "UCCJA and PKPA Jurisdiction as Pertaining to Child Abduction" The application of the UCCJA and the PKPA in child abduction cases. California Family Support Council - Child Abduction Training Long Beach, California 18 Feb 1992 "Experts in Residence" 15th Annual Child Custody Conference - Metropolitan Denver Interdisciplinary Committee on Child Custody Family Law Section of the Colorado Bar Association. Keystone, Colorado 04, 05, 06 Oct 1991 "Interstate Custody" Assisting Low Income Clients in Family Law Matters - Southern California Women's Law Center Berkley, California 16 May 1991 "Keynote Address: The Hague Convention - An American Perspective!" C.L.E. Seminar: Child Abduction - Queensland Law Society Brisbane, Australia 16 Mar 1991 "Application of the Hague Convention" C.L.E. Seminar, Auckland District Law Society Auckland, New Zealand 12 Mar 1991 "The UCCJA, PKPA and The Convention" Guest Lecturer, Family Law Course, University of Santa Clara Santa Clara, California 03 Oct 1990 "Returning the Child: Hague Convention and Other Remedies" American Bar Association, Section of Family Law Chicago, Illinois 08 Aug 1990 "Handling Interstate and International Cases and Update on Hague Treaty" Child Abduction Prosecution Seminar The California District Attorneys Association Irvine, California 21 Mar 1990 "Child Custody Jurisdiction" 1st Annual Spring Showcase of Family Law The State Bar of Nevada CLE & The Family Law Section Tonopah, Nevada 09 & 10 Mar 1990 "Interaction of the Hague Convention with the UCCJA" California Family Support Council Santa Barbara, California 23 Feb 1990 "Court Structure & Coordination Issues: Within Courts, Between Courts & Between States and Countries" [With the Hon. Leonard P. Edwards] Families in Courts: A national Symposium The National Counsel of Juvenile & Family Court Judges Reno, Nevada 15 & 16 May 1989 Child Abduction Seminar California Family Support Council Annual Training Conference 23-24 Feb 1989 Burlingame, California UCCJA Problems and Pitfalls 1988 California Family Law and Procedure Institute California Center for Judicial Education and Research 18 Mar 1988 Monterey, California Civil Court Orders Child Abduction Prosecution Seminar California District Attorneys Association 10 and 11 Dec 1987 San Francisco, California Child Stealing Judicial Council of California Family Court Services 15 Mar 1987 San Diego, California Handling Interstate, Federal and International Child Custody Proceedings California Continuing Education of the Bar (CEB) Family Law Institute 06 Mar 1987 (San Francisco) & 13 Mar 1987 (Los Angeles) Uniform Child Custody Jurisdiction Act Family Law and Procedure 1984 California Superior Court Institute 27-29 Mar 1984 Monterey, California Practice Techniques: Uniform Child Custody Jurisdiction Act California Trial Lawyers Association 25 Mar 1983 San Jose, California PUBLICATIONS Practical Application of Article 21 (Regarding Access) of the Hague Convention Published in American Journal of Family Law, Vol. 10, No. 4, Winter 1996. 10 Am.J.Faml.L. 197 (1996) Ne Exeat Agreements in International Custody Matters Published in Family Law News, Official Publication of the State Bar of California Family Law Section. Vol 18, No. 2, Summer 1995. The Effect of Judicial Delay in International Child Abduction Convention Proceedings Published in American Journal of Family Law, Vol. 9, No. 3, Fall 1995. 9 Am.J.Fam.L. 155 (1995) The Non-Exclusivity of The Convention on the Civil Aspects of International Child Abudction Published in American Journal of Family Law, Vol. 9, No. 2, Summer 1995. 9 Am.J.Fam.L. 69 (1995) What Happens to a Proceeding Under The Convention in the United States. Published in International Child Abduction, IBC Legal Studies and Services Limited, in Association with Mishcon de Reya Solicitors 06 Jun 1994, London, England. Getting Children Off of the Coach or What to do When the Convention Fails in The United States of America. Published in International Child Abduction, IBC Legal Studies and Services Limited, in Association with Mishcon de Reya Solicitors 06 Jun 1994, London, England. Parens Patriae or The Coach and Horses Revisted Published in "How to Handle Interstate and International Child Custody Abduction Cases", American Bar Association, 11 May 1994. Sipple v Superior Court: Excessive Zeal in the Rule of "Continuing Jurisdiction" under the UCCJA ACFLS Newsletter, No. 1, Feb 1984 Dreaming the Impossible Dream: Responding to a Petition Under The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980. Presented at the North American Symposium on International Child Abduction, 30 Sep 01 Oct 1993, Department of Sate, Washington, D.C. Legal and Judicial Practices in parantal Abduction Cases: Jurisdictional Conflicts in Interstate Child Custody and Parental Abduction Cases. Published in: Obstacles to the Recovery and Return of Parentally Abducted Children, Office of Juvenile Justice and Delinquency Grant 90-MC-CX-K001 (1992), by Linda K. Girdner, Ph.D and Patricia M. Hoff, Esq., in collaboration with special legal consultants, Janet Kosid Uthe, Adrienne E. Volenik and William M. Hilton and with the Center for the Study of Trauma at the University of California, San Francisco. Pay Without Play: The Futility of Visitation Actions in URESA Proceedings Family Law News, Official Publication of the State Bar of California Family Law Section. Vol 16, No. 2, Summer 1993. Handling a Hague Trial American Journal of Family Law, Volume 6, Number 4, Winter 1992 6 Am.J.Fam.L. 211 (1992) Jurisdiction Before You Have Jurisdiction: The Effect of the Uniform Child Custody Jurisdiction Act, the Parental Kidnappnig Prevention and The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980 Presented at the Family Law Section of the Los Angeles County Bar on 23 Apr 1992. Litigation Under the The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980: An Overview. Presented at the American Bar Association, Section of Family Law, 11 Apr 1992. Court Structure and Coordination Issues: With Courts, Between Courts and Between States and Countries (With the Hon. Leonard P. Edwards, Superior Court of California.) Families In Court, Edited by Meredith Hofford National Council of Juvenile and Family Court Judges (1989) Check List for Custody Jurisdiction Article for the California Center for Judicial Education and Research for the California Superior Court Institute, Family Law and Procedure, 17-19 Mar 1988, Monterey, California. Effective Use of the Parental Kidnapping Prevention Act (28 USC 1738A) Article for the California Continuing Education of the Bar Family Law Institute, 6-7 Mar 1987 and 13-14 Mar 1987 Modification of California Custody and Visitation Orders by a sister state under 28 U.S.C. 1738A [Parental Kidnaping Prevention Act (PKPA)] Family Law News, Official Publication of the State Bar of California Family Law Section. Vol 8, No. 4, Winter 1985 Registration and Enforcement of Sister State Custody Decrees Family Law News, Official Publication of the State Bar of California Family Law Section. Vol 7, No. 1, Jan/Feb 1984. The UCCJA/PKPA and Judicial Communication Article for the California Center for Judicial Education and Research for the California Superior Court Institute, Family Law and Procedure, 27-28 Mar 1984, Monterey, California. LIBRARY AND RESEARCH FACILITIES Library Facilities Santa Clara University Law Library. This is four blocks from the office. Contains the national reporting system, all state codes, law reviews and articles, etc. Open seven days a week, usually until 10:00 pm or later (with exceptions). Stanford University. This is an exceptionally complete law library located at Palo Alto, about thirteen miles from the office. Contains extensive publications about and on foreign law. University of California at Berkeley. One of the largest law libraries in the United States, about fifty miles from the office. Has a computer link with other libraries in the University of California System. Office Library (Partial Listing) AUSTRALIA Australian Family Court Legislation (Butterworths 1990) Nygh: Guide to the Family Law Act (Butterworths 1986) Finlay, Bradbrook and Bailey-Harris: Family Law - Cases and Commentary (Butterworths 1986) Finlay and Bailey-Harris: Family Law in Australia (Butterworths 1989 4th ed) Holmes: Student Companions - Family Law (Butterworths 1986) CALIFORNIA California Reports and California Appellate Reports, 2nd, 3rd and 4th Series on CD ROM disk. West's Annotated California Civil Code, Sections 1 to 654 and Sections 4000 to end CANADA Chisholm & MacNaughton: Custody/Access Assessments - A Practical Guide for Lawyers and Assessors, 1990 Cochrane: The Everyday Guide to Canadian Family Law, 1991 Hovus: Family Law - Cases, Notes and Materials, (2nd ed 1987) Kronby: Canadian Family Law (5th ed 1991) Lenkinski: A Practical Guide to the Family Law Act, 1986 (Ontario), 1988 Payne: Divorce Act, 1985 (Canada) Payne and Payne: Dealing with Divorce - Your Rights & Responsibilities, 1991 Province of British Columbia: Family Court Manual (Including Family Relations Act) (Canada) DENMARK Gammeltoft-Hansen, Gomard & Philip: Danish Law, A General Survey FEDERAL REPUBLIC OF GERMANY Forrester, Goren and Ilgen: The German Civil Code, the Introductory Act to the German Civil Code and Marriage Law of the Federal Republic of Germany with the 1981 Supplement to the German Civil Code and the Introductory Act to the German Civil Code and the Marriage Law of the Federal Republic of Germany. Mueller and Buergenthal: The German Penal Code GENERAL West's Uniform Laws Annotated, Volumes 9 and 9A Redden's Federal Regulation of Family Law ABA Legal Services Corporation: Interstate Child Custody Disputes and Parental Kidnaping: Policy, Practice and Law Katz: Child Snatching: The Legal Response to the Abduction of Children Crouch: Interstate Custody Litigation Hoff: Interstate and International Child Custody Disputes Hoff: Parental Kidnaping: How to Prevent an Abduction and What to Do If Your Child is Abducted. Coombs: Interstate Custody: Jurisdiction, Recognition, and Enforcement [65 Minnesota Law Review 711, Jun 1982] DeHart: International Child Abductions: A Guide to Applying the 1988 Hague Convetion, with Forms. INDIA Kumud Desai: Indian Law of Marriage and Divorce (4th ed 1981) N. M. Tripathi Private Limited, Bombay, India. Prasad: The Hindu Code (Four in One) ISLAMIC FAMILY LAW Ziba Mir-Hosseini: Marriage on Trial: A Study of Islamic Family Law I.B. Tauris & Co., Ltd (1993) London and new York MEXICO Gordon: The Mexican Civil Code: An Udated and Revised Version of the 1950 Translation by Otto Schoenrich Oceana Publications (1980) NEW YORK McKinney's Consolidated Laws of New York Annotated, Domestic Relations Law NEW ZEALAND Kiernan (Editor): Family Law Statutes (2nd Edition 1988, with updates to 1991) Thompson (Editor): Family Law Guide (1983) NORWAY Act no. 7 of 8 April 1981 on Children and Parents (The Children's Act) Ministry of Children and Family Affairs Norway - 1993 PHILIPPINES Tolentino: Commentaries and Jurisprudence on the Civil Code of the Philippines, Volume 1. [Central Book Publishing Co. 5th ed 1983] Mosqueda: Marriage and its Dissolution Handbook (Quis Publishing 1977) RESEARCH Hilton: Collected Federal Appellate and District Court Decisions. A private collection of all known federal cases on the issue of custody and the PKPA. Updated regularly. Hilton: Collected Appellate Decisions on the UCCJA. A private collection of all appellate cases that involve the UCCJA. Updated regularly, indexed by state. Hilton: UCCJA Resources. A private collection of the names and locations of attorneys, judges, sheriffs, private investigators, associations, etc., who are involved in child custody jurisdiction and litigation. On a computer disk, IBM System. Updated at frequent intervals. Hilton: UCCJA Pleadings. A private collection of pleadings used in UCCJA cases. Involves pleadings California and other states and foreign countries, as well as out of state pleadings. Includes formats for pleading in the states of Oregon, Kentucky, Ohio, Illinois, Arizona, Louisiana. Thirteen disks, IBM system. Updated as required. Hilton: UCCJA Citations. A private collection of annotations against 9 Uniform Laws Annotated (UCCJA). Two Disks, IBM system. Updated Regularly Hilton: PKPA Citations. A private collection of annotations against the Parental Kidnaping Prevention Act, 28 USC 1738A. Updated Regularly TEXAS Vernon's Texas Codes Annotated, Family Code UNITED KINGDOM Bromley: Family Law (Butterworths 1981 8th ed) Which Books: DIVORCE, Legal Procedures and Financial Facts White: Divorce and Separation UNITED ARAB EMIRATES Hilton: United Arab Emirate Family Law. A private collection of pleadings, articles, etc., concerning the United Arab Emirates. Includes a translation of the Rules of Court for the United Arab Emirates. LEGAL CREDENTIALS Admitted to Practice Ninth Circuit U.S. Court of Appeals 1994 Admitted to Practice Ninth Circuit U.S. District Court Central District of California 1994 Admitted to Practice State of California 1974 Admitted to Practice Ninth Circuit U.S. District Court Northern District of California 1974 Certificate of Specialization Certified Specialist in Family Law California Board of Legal Specialization Jul 1980, renewed Jul 1985, renewed Jul 1990, renewed Jul 1995 EXPERT WITNESS Circuit Court of Monroe County Sparta, Wisconsin Testified about the application of The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980 [The Convention]. 10 and 11 Apr 1996 Court of Queen's Bench Calgary, Alberta, Canada Testified about the application of the Idaho Uniform Child Custody Jurisdiction Act and whether or not Alberta had Child Custody Subject matter Jurisdiction under the Uniform Child Custody Jurisdiction Act. Assisted Canadian counsel in preparation of direct and cross examination of the expet for the opposing party. 16, 17 and 18 Dec 1991 District Court of Colorado El Paso County, Colorado Testified about the application of The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980 07 Oct 1991 PRO HAC VICE Supreme Court of the State of Oregon Salem, Oregon 25 Oct 1996 District Court Garfield County, Colorado 27 Oct 1995 Superior Court Stevens County, Washington 01 Feb 1991 Chancery Court Conway County, Arkansas 01 Sep 1988 Circuit Court Woodford County, Kentucky 10 Aug 1984 AMICUS CURIAE Supreme Court of Orgeon Salem, Orgeon Henry v Keppel APPELLATE CASE WORK In re Marriage of Fitzgerald & King (Cal.App. 6 Dist 1995) 39 Cal.App.4th 1419 In Personam Jurisdiction Case. Reversed the trial court finding of in personam jurisdiciton, hold that litigating custody in a forum is not a submission to that forum for financial issues such as support, etc. Limits the application of Burnham v Superior Court (1990) 495 U.S. 604 [110 S.Ct. 2105; 109 L.Ed.2d 631] Zenide v Superior Court (Ignaccolo) (Cal.App. 2 Dist. 5 Div. 1994) 22 Cal.App.4th 1287 International Custody Case. Enforcement of French Custody Order. Up held trial court finding that action in Texas to modify did not conform to the UCCJA. Published at the request of this office. Pieri v Superior Court (Cal.App. 1 Dist 1991) 1 Cal.App.4th 114 [1 Cal.Rptr.2d 296] International Custody Case. Alternative writ granted, but later discharged and writ denied. Treats Switzerland as a "State" under the UCCJA, distinguishes between custody and visitation jurisdiction. Discusses expenses under the UCCJA. Published at the request of this office. Marriage of Cully (Arnold) (Cal.App. 1 Dist. 1990) 222 Cal.App.3d 499 [271 Cal.Rptr. 624] International Custody Case. Reversed the trial court on the issue as to whether or not a foreign country (Canada) should be treated as an available forum under the UCCJA. D.P. v Stewart (1987) 189 Cal.App.3d 244 [234 Cal.Rptr. 420] Reversed the trial court in an interstate case of paternity and child support. Marriage of Malak (Cal.App.1985) 183 Cal.App.3d 1018 [227 Cal.Rptr. 841] International Custody Case. Reversed trial court on the issue of enforcement of a Lebanese Custody Decree; court of appeal holds decree is enforceable. Other issue of lack of jurisdiction over client upheld. Speelman v Superior Court (1983) 152 Cal.App.3d 124 [199 Cal.Rptr.784] Custody Case. Reversed the trial court on the issue of whether or not changed circumstances are required in a custody case. Marriage of Ratshin (1983) 144 Cal.App.3d 974 [192 Cal.Rptr.891] UCCJA Case. Reversed the trial court on the issue as to when the trial court is to consider the jurisdictional facts. Gadbois v Superior Court (1981) 126 Cal.App.3d 653 [179 Cal.Rptr.19] Custody Case. Reversed the trial court on the issue as to whether or not an unwed father had rights of visitation prior to the trial of the issue of paternity. Marriage of Hopson (1980) 110 Cal.App.3d 884 [168 Cal.Rptr.345] UCCJA Case. Reversed the trial court on the issue as to whether or not a felony child stealing was sufficient basis for finding jurisdiction in the new forum. The trial court held that it was. A leading case in California on the UCCJA.