May 10, 2019Author: Brian
May 10, 2019Author: Brian
Custody disputes, when not handled effectively, are some of the most difficult, heart-wrenching and financially draining situations a parent can encounter in a domestic relations case. Litigation is expensive, emotionally taxing, and often results in at least one parent believing that his or her role in the child’s life has been marginalized.
International custody disputes raise the stakes even higher because court orders from the United States may not even be recognized in other countries. If your child is traveling or residing within a country, with the other parent, and that country does not recognize your court order, that country’s judiciary system will do nothing to return your child to you in the United States.
How can that be? In which countries could this occur? What steps can be taken to prevent this from happening?
First, a framework to understand the rules that are currently in place:
1980 Hague Convention on the Civil Aspects of International Child Abduction
More commonly referred to as the “Hague Convention,” this treaty was signed by a number of countries to assist one another in cases involving child abductions. Without the treaty, sovereign nations cannot interfere with another’s legal systems, judiciaries, or law enforcement, and so child custody orders are unenforceable. However, the Hague Convention sets forth the following rules for all signatories:
In order to commence Hague Convention proceedings, a parent must show the following:
Compliance with the Hague Convention
One must not assume that a partner to the Hague Convention will immediately comply with its responsibilities. For example, in May 2018, the U.S. Department of State cited Japan as one of the countries showing a pattern of noncompliance with the Hague Convention. It found that “22 percent of requests for the return of abducted children under the Convention remained unresolved for more than 12 months.”
Further, it found that the enforcement process is “excessively long” and it is “very difficult to achieve enforcement of Hauge return orders.” The U.S. Department of State issues an Annual Report on International Child Abduction in which it summarizes the status of all signatories to the Hague Convention.
Notwithstanding the issues surrounding noncompliance with the Hague Convention, there are legitimate reasons for denying the return of a child to his or her country of habitual residence:
Steps to Prevent Your Child’s Wrongful Removal/Retention
For these reasons, it is prudent practice to be very specific about international travel when drafting a custody agreement. International travel requirements will be extremely helpful in pleading for the return of a child under the Hague Convention as they will help show that a party ignored specific protocols and that, therefore, the removal or retention of the child was “wrongful.”
Here are a few tips to help safeguard your family:
If you or your loved one is faced with this frightening experience, please immediately contact your country’s officer, as well as a local domestic relations attorney with experience in international custody disputes, and begin filling out a Hague Application at the U.S. Department of State website.
If you need assistance beginning the process, have further questions about your child’s international travel, or simply wish to draft a comprehensive custody agreement that covers all aspects of international travel, the experienced Virginia divorce and family law attorneys at Curran Moher Weis are here to help you throughout the process.
Contact us to set up a consultation on our website, or by calling us at (571) 328-5020. Consultations are available in Fairfax and Alexandria, Virginia.