In order to enforce the Hague Convention, the parent seeking to have the abducted child returned to their home country (“the petitioner”) should first file a custody action in their local court and ask the court to invoke the Hague Convention. It must also decide which country has proper jurisdiction to hear the child custody dispute. The Hague Convention Treaty seeks to make international enforcement of child custody orders possible. After consulting with an attorney, if you married to the other parent, you may: As can be seen, international child custody cases are often very challenging. How Do I Get a Child Custody When the Other Parent Resides in a Foreign Country? The goal is to return the child to the home country as quickly as possible so the home country’s legal systems can decide any custody disputes. Family Lawyers, Present Law Practice, Attorney The court will then determine whether the country in which the child has been taken is a signatory nation. The UCCJEA comes into play if there is an existing child custody order that needs to be enforced, or there is a custody dispute with a parent that lives in another state. Bubley & Bubley, P.A. Once the child’s home state issues a custody order, that state keeps jurisdiction over the case. Your Oftentimes after parents separate or divorce, they have ongoing custody disputes. Florida, like many states, has a statute that addresses parent/child relocations when the parents share custody. Next, the petitioner must serve the other parent by using any legal method of. She is currently living with me and is pregnant due in June 11 2015. Should I Hire an Attorney if I Have Foreign Country Child Custody Issues? Therefore, it may be in your best interests to hire an experienced and well-qualified child custody lawyer. The Hague Convention Treaty seeks to make international enforcement of child custody orders possible. This is done by ensuring that a final decision regarding the dispute is made within six weeks from the date the child custody action was filed. All rights reserved. Law, Government who will have custody; whether custody will be single or shared; who will decide on the child's education; who will administer the child's property, and similar issues. Consult a Lawyer . Additionally, a child custody order can be especially useful in situations in which the other parent lives in a foreign country. For example, if a child lives in Texas with one parent and the other parent lives in Mississippi, only the Texas court can make changes to the custody order. Unfortunately, many of these cases involve allegations of abduction after one parent refuses to return or send the child to the other. This is especially true if it is done in order to avoid prosecution for violating child support or custody orders. Martin focuses his legal practice in the areas of business transactions, estate planning and probate law. The Hague Convention, also known as the Hague Convention on the Civil Aspects of International Child Abduction, is an international treaty that was enacted by the United States in 1980 in order to address the problem of international child abduction. Once your child leaves the country with another parent, it may be extremely difficult to get them back if the other parent isn’t willing to do so. Did Services Law, Real Thus, before initiating any child custody proceedings, it may be in your best interests to consult with an experienced family law attorney. A child custody order can be useful even when the other parent is no longer involved in the child’s life. Your attorney can assist you throughout the process of obtaining a child custody order when the other parent lives in a foreign country. Library, Employment LegalMatch Call You Recently? & Martin A. Bubley earned his law degree from the University of Illinois College of Law in 1985 and was admitted to practice in the state of Illinois in 1985, and the state of Florida the following year. Because of the Hague Convention, many foreign countries will cooperate in enforcing United States child custody orders and parents can pursue private legal actions against parents in other countries. Copyright 1999-2020 LegalMatch. “8(1) If the birth parent of a child conceived through assisted reproduction had a spouse at the time of the child’s conception, the spouse is, and shall be recognized in law to be, a parent of the child. It also provides a legal process for the prompt return of any abducted children to their home country. Parents that live in different countries face a particularly complicated situation because of possible differing and competing laws governing child custody. As noted above, many foreign countries will not enforce a United States child custody order against a parent who moves to another country to avoid prosecution for not making court ordered child support payments. Child custody disputes are overwhelming for any parent and require an experienced family law attorney to effectively represent a parent’s rights and interests to the court. (This may not be the same place you live). Law, About is located in Tampa, FL and serves clients in and around Brandon, Odessa, Tampa, Oldsmar, Land O Lakes, Thonotosassa, Valrico, Wesley Chapel, Lutz, St Petersburg, Plant City & Brooksville, Safety Harbor, Holiday, Trilby, Crystal Beach, Ozona, Apollo Beach, New Port Richey, Clearwater, Tarpon Springs, Port Richey, San Antonio, Spring Hill, Lithia, Pasco County and Pinellas County. They will be able to represent your interests across international borders and help to ensure fair and timely court proceedings. However the Convention does provide for judicial proceedings to return the abducted child back to their home country, where a court can properly enforce a valid child custody order. He was later joined by his brother Daniel and formed the legal partnership of Bubley & Bubley, P.A. Post Your Case - Get Answers from Multiple Travis earned his J.D. International Child Custody and Abduction Laws. Under Florida law, there is no presumption for or against a move, and instead, the court will assess whether the move is in the best interest of the child. If the country is not a signatory to this treaty, the parent is forced to rely on the foreign country’s law to settle custody, but abduction will likely not be taken into consideration. Any time a parent wants to relocate with a child he/she must notify the court of the intent to move. Other options for parents seeking the return of an abducted child include utilizing the Uniform Child Custody Jurisdiction and Enforcement Act (“, .