Legal Counsel For International Child Custody Disputes
Child custody disputes that span beyond U.S. borders can come with an additional set of complications. This can leave parents confused about which child custody laws they need to follow and which country their dispute will take place in.
Our lawyers at Fersch LLC understand how stressful and complicated international child custody matters can be. We’ve handled these cases for decades and can help you navigate the process. No matter your challenges, we can tailor our approach to help you face them with clarity and confidence.
Jurisdiction In International Child Custody Disputes
Jurisdiction can often determine which country parents will handle their child custody disputes in. For example, if both parents live in New York City, but one parent tries to take their child to South Korea, a New York family court would typically still have jurisdiction over the case because that is the legal residence of both parties.
In other instances, some parents may try to leave the United States with their child and seek asylum in another country. If this happens, it can add another layer of complexity to child custody cases. In some instances, the remaining parent can petition for the return of the child to the United States, based on an international agreement known as the Hague Convention on the Civil Aspects of International Child Abduction.
We can help you get a better legal understanding of your situation and take appropriate action in compliance with the circumstances of your case.
International Child Abduction And The Hague Convention
The Hague Convention provides a central framework for international child custody matters that doesn’t interfere with the laws of individual countries. The goal behind this treaty is to provide an expedient legal process for handling international child custody disputes and ensuring that parents and their attorneys handle child custody matters in the appropriate jurisdiction. In many cases, this can allow a parent to have their abducted children returned to their home country. The Hague Convention defines child abduction as an instance where a parent wrongfully removes their child from their home country or prevents them from returning to their home country.
What Cases Fall Under The Hague Convention?
According to the U.S. State Department, if a parent wishes to seek the return of their children under the Hague Convention framework, they must be able to show that:
- The country their child is in is one of the 83 member nations that adhere to the Hague Convention.
- The child is less than 16 years old.
- The child’s removal from their home violated the rights of the custodial parent.
- A parent removed the child from what the Hague determines their “habitual residence.”
Our attorneys have experience handling Hague Convention-related cases and can offer you the necessary knowledge and resources so you can move through the process with confidence.
We Can Help You With Your International Child Custody Issues
International child custody matters can be contentious. However, when you work with us, we can help you understand your rights and find a suitable legal strategy to address your needs and goals. Call 212-422-2660 or visit our contact page to schedule your free consultation today.