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International Child Custody

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International Child Custody:

International child custody issues arise when one parent takes a child to a foreign country without the other parent’s consent or violates a court order regarding custody or visitation in another country.  When a parent takes a child to another country without the other parent’s consent it could potentionally be considered international child abduction.  

What Law To Use:

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides a framework for returning children who have been wrongfully removed or retained to their country of habitual residence.  The treaty has been ratified by over 100 countries, including the United States.  

If a child has been wrongfully removed or retained, the left behind parent can file a petition under the Hague Convention to seek the child’s return.  The process can be lengthy and involves coordination between the countries involved.  It is imporant to seek out our experienced attorneys in these matters to ensure the best possible outcome.  

Other Types of International Child Custody:

International child custody issues can arise when one parent seeks to relocate with a child to another country.  This can be a complex issue, as it involves the child’s best interests and the rights of both parents.  The court will consider factors such as the child’s relationship with each parent, the reasons for the proposed relocation, and the impact on the child’s education and social life.  

Commonly Asked Questions

In cases where parents live in different countries, it may be necessary to establish an international custody agreement.  This can involve working with attorneys in both countries and navigating the laws of each jurisdiction.  

If you have concerns about the other parent taking your child out of the country without your consent, you may be able to seek a court order preventing them from doing so. 

It may be possible to seek child support from a parent in another country, although the process can be complex and may require working with attorneys in both countries. 

Warning: International child custody cases can be highly emotional, stressful and extremely complex.  It is essential to consult with one of our experienced attorneys  who can help guide you through the legal process and advocate for you and your child. 

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