International Child Custody Lawyer
What remedies are available in interstate/international custody disputes or child abduction cases within the United States between the United States and foreign countries?
The ease of mass transportation within the United States and abroad has brought about a number of high-profile international child custody matters and abduction cases. The international child custody lawyer can access two key legal resources to address these cases. The first is the 1980 Hague Convention on the Civil Aspects of Child Abduction, which is an international treaty that is binding upon all states that have signed the pact and had it subsequently ratified in their home country.
Generally, countries that have signed (i.e., are “signatories”) and have approved (“ratified”) the Hague treaty focus on returning a child to his or her country of habitual residence, or the country from which the child was impermissibly removed against or without a court order. Under Hague, the international custody lawyer is limited by the age of the child; the treaty is only binding on children 16 years of age or under. In other words, the Convention ceases to apply when the child reaches the age of 16.
The international child custody lawyer may face a number of countries where the children have been taken that are not signatories to the treaty or have not ratified it. These countries generally have a very different notion of child rights, and in some cases the equality of women as well, and include a large number of countries in the Middle East.
If the international child custody attorney is faced with such a case, non-signatory countries are addressed through the Center for Missing and Exploited Children (known by the acronym “NCMEC”). These cases do not have as clear of legal remedies and sometimes take much longer to get into play. Either way, the National Center for Missing and Exploited Children is the starting point for both cases with the parties and counsel, contemporaneously with necessary court filings.
In the confused situation and place of grief, which parents face in addressing all of these agencies, foreign countries, language and time barriers, as well as handling the loss of their children, it is nevertheless of key importance to take care and time in selecting international child custody lawyers who can handle these time barriers, language translation issues, travel and the like, and effectively select, and efficiently work with, counsel in the other countries involved.
In addition, many international child custody lawyers handle interstate (i.e., within the United States) child custody disputes or parental abductions, which are generally governed by the uniform child custody jurisdiction set of enforcement acts or laws adopted in the states (known by the acronyms “UCCJA” or “UCCJL” or “UCCJEA”) or the Parental Kidnapping and Prevention Act (known by the acronym “PKPA”). There is some limited application of the UCCJEA to international cases. The PKPA does not apply in international cases.
Video: Learn More About Our Family Law Practice
-
Ciyou & Dixon Family Law - Full Video
-
Ciyou & Dixon Family Law - What to Know When Thinking About Getting a Divorce and Lawyer
-
Ciyou & Dixon Family Law - How Much Does A Divorce Cost
-
Ciyou & Dixon Family Law - Isn’t Joint Custody the Norm
-
Ciyou & Dixon Family Law - Do I Keep All of the Property I Brought Into the Marriage
-
Ciyou & Dixon Family Law - What Are the Most Important Documents I Should Get Together for a Divorce
-
Ciyou & Dixon Family Law - What Should I Be Thinking as I Anticipate Filing Divorce
-
Ciyou & Dixon Family Law - Can I Get a Jury Trial
-
Ciyou & Dixon Family Law - Is Indiana a Pro-Mom State
-
Ciyou & Dixon Family Law - Can My Ex of the Father or Mother of My Child be Ordered to Pay My Fees
-
Ciyou & Dixon Family Law - Common Questions Concerning Post Divorce Matters
-
Ciyou & Dixon Family Law - What should I do if DCS Contacts Me About My Children
-
Ciyou & Dixon Family Law - What Do I Need To Consider About a Modification of Physical Custody
-
Ciyou & Dixon Family Law - How and Why is Legal Custody Modified
-
Ciyou & Dixon Family Law - Can Third Parties Who Are Raising Someone Else’s Children Get Custody
Recent Family Law Blog Posts
15
Jan
15
Jan
Family Law
- Family Law Firm/Services
- Family Business Divorce
- Family Law Lawyer
- Divorce In Indiana
- Indianapolis Divorce Attorney
- Indiana Divorce Lawyer
- Divorce Mediation
- Indiana Divorce Litigation
- Indianapolis Divorce Litigation
- Division of Assets
- High Asset Divorce
- Filing For Divorce In Indiana
- Indiana Dissolution of Marriage
- Indiana Legal Separation Laws
- Prenuptial Agreements
- Uncontested Divorce
- Indiana Cohabitation Agreements and Divorce
- Indiana Civil Union Divorce
- Indiana Domestic Relations
- Indiana Paternity Lawyer
- Indiana Spousal Support
- Indiana Child Custody Attorney
- Child Custody Attorney Indiana
- Indiana Child Custody Lawyer
- Indiana Child Custody Laws
- Indiana Child Custody Mediation
- Indiana Child Custody Agreement
- Indiana Child Custody Modification
- Indiana Emancipation Laws
- Father's Rights in Indiana
- De Facto & Grandparents Rights
- International Child Custody Lawyer
- Indiana Third Party Custody
- Guardianship
- Relocation and Child Custody
- Adoption
- Indiana Child Support Lawyer
- Indiana Child Support Attorney
- Indiana Child Support Laws
- Indiana Child Support Guidelines
- Indianapolis Child Support Modification
- Indiana Child Support Modification
- Indiana Domestic Violence Attorney
- Indiana Orders of Protection
- Indiana Restraining Orders
- Child Protection Services
- Indiana Parental Kidnapping Lawyer
- Child in Need of Services (CHINS)
- Helpful Links