As a result of this global society many families are moving around the world. International marriages and relationships are becoming more and more common. Simultaneously, family laws developed by governments around the world are becoming interwoven with culture and religion. Which state or country's laws apply to an international marital dissolution, custody or support matter can be complex. Knowing how these laws work significantly impacts the outcome of a legal proceeding. Our attorneys understand these laws.
International Child Abduction Lawyer
Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention)
It can be a terrible thing when a child is removed from the country he or she has lived in since birth by a parent. International Child Abductions (Parental Kidnapping) have increased in recent years. We have witnessed much media attention in cases such as the Sean Goldman case. His case has been very important in bringing Child Abduction on a global scale to the public's attention. Prompt action is required. The Hague Convention is a treaty the United States entered into with several other countries. When a family is involved in an international child custody dispute, the Hague Convention will apply if both countries are parties to the treaty. The Hague Convention was designed to protect children from being wrongfully removed across international borders by providing an international procedure for the children's prompt return to their country of "habitual residence."
The Law in International Child Abduction Cases is the Hague Convention?
A case of International Child Abduction is controlled by the 1980 Hague Convention on Civil Aspects of International Child Abduction. This convention is an effort by the global community to address the issue of International Child Abduction. The document generated by the convention attempted to create global standards that would govern the actions of countries in international custody disputes. The primary goal of the convention document is to protect "children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the state of their habitual residence." The Convention applies to any child who was habitually a resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.
What specifically does this law state?
Article 1. The objects of the present Convention are--
a. to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
b. to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.
Article 2. Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.
Article 3. The removal or the retention of a child is to be considered wrongful where--
a. it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b. at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
