In law, there are innumerable situations without clear answers. With this particular question, as a general rule, the answer is, “probably not”. This was somewhat common in the 1960s and 1970s. As a result, the states eventually adopted a version of the Uniform Child Custody Jurisdiction Act.1 This law provides a mechanism for states that are competing over the matter between two parents to resolve their dispute over at least custody of ... Read More
01
Jul2019
08
Mar2017
Many countries are signatories to the Hague Convention on the Civil Aspects of Child Abduction1; and the treaty has been ratified between these countries. When this is the case, a child wrongfully removed from his or her country of habitual residence may be subject to proceedings to return proceedings, generally brought in the country where they have been taken.
However, while there are always circumstances relevant to removal, a few constitute legal, affirmative defenses that will allow the judicial or ... Read More
13
Apr2016
Every parent has heard or seen a story about a couple whose child is taken and secreted in another state by the other when troubles develop in the relationship. This has been a problem since the 1960s. In 1968, a uniform act was proposed that would ultimately be adopted in all states in some forms by the early 1980s. This blog post generally summarizes the potential use of the UCCJA.
In simple terms, the UCCJA allows a parent who files for divorce ... Read More
07
Apr2016
In the 1960s and 1970s, the trend of one parent taking a child to another state or country was recognized and remedies were implemented. There are over 200,000 parental abductions each year. This blog post summarizes the four legal remedies available for inter-state and international custody disputes where one parent simply leaves with the child.
Within the United States, a federal law, the Parental Kidnapping Prevention Act of 1980 helps address the issue within the states. Its policies are aimed at deterring abductions, ... Read More
16
Aug2012
While thankfully not a common occurrence in most domestic disputes and litigation, parents embattled in a custody or divorce dispute have kidnapped their own children and left the state or even country. This is obviously a worst-case scenario for any parent, and there are several laws that cover this devastating matter to prevent the same from occurring.
Due to the complexities of these remedies in law, the following three (3) blog posts will focus on the prevention of child kidnapping through state, federal, and ... Read More
05
Apr2011
"How Hard Should I Fight This? And, What is the Hague Convention?"
You should fight HARD. Under the Hague Convention on the Civil Aspects of Child Abduction, signatory countries may seek to have a child returned to his or her country of habitual residence. This is very complicated, and you will need knowledgeable family-law counsel to guide you through how the treaty operates in each country (who speaks French or English, which are the official language of Hague treaties, plus the native language). This is a time-consuming and ... Read More