Negotiating Complex International Child Custody Disputes
Removal cases tend to be riskier therefore there tends to be more conflict when parents wish to move. Parents requesting to move must obtain either the express consent of the other parent or the moving parent must request permission to the court to move the minor children out of state. A situation may be more complex if a parent leaves the country before a custody order is finalized or when a parent is barred from doing so according to a previous order. When a parent leaves the country in direct violation of a custody order he or she is committing an international child abduction.
International custody litigation is directed by the Hague Convention. Hague Convention cases deal with children being taken to or from the United States. These cases involve parties who have taken their children from the United States to live in a different country without the other parents’ consent or without discussing it with the other parent at all. Any country that has signed the international Hague Convention treaty agrees to follow the rules of procedure and evidence set forth by the Convention.
Why the Hague Convention Matters
If a parent wishes to move out of the country, typically they will seek a custody modification just as if they were moving out of state. However if a parent moves out of the country without receiving any such order, or does so in violation of an order, this is now considered to be an international child abduction.
Many countries subscribe to the Hague Convention and although it does not decide child custody cases, it determines which jurisdiction or which country should hear the case. If a country has not signed onto the Hague Convention, the process can become even more complicated. Our attorneys at Davis Friedman can work with parents seeking to regain custody of a child who has been subjected to international child abduction.