Has your partner taken your child out of the country against your will? Do you intend to get a child custody order for visitation and custody specifics? If so, then you need to understand how child custody statutes and laws work in protecting your child in case of international custody disputes between you and your or partner.
This post presents to you crucial tips about the steps you can take and the things that you can do to get your child back in case of a dispute.
Here are the essential initial steps to consider if you find yourself in an international child custody dispute.
Try to Read and Understand the Hague Convention’s Sections on Child Abduction
The Hague Convention has sections that highlight civil aspects of child abduction matters and international custody disputes. The treaty protects all children who are victims of international abductions. The international agreement works in nations, which are signatories to the convention. The convention’s application is limited to children aged 16 and below. The convention is used to revert families to their original state or in facilitating the reach of proper custody arrangements.
Seek Legal Advice from an Attorney
You’ll need a lawyer who specializes in family law when handling child custody matters. You should consult an attorney who has vast experience and knowledge in family law as well as international child custody cases. Such attorneys can represent your interests in different nations.
They will also ensure that you get a fair hearing and prompt court proceedings across international borders. Sometimes, experienced lawyers can search for your child if you aren’t aware of your partner’s location. They may also help in negotiating and securing the safe return of your child after an amicable international custody dispute resolution is reached.
Use Protective Legal Measures Set Up by the U.S
You can take proactive steps to prevent the possible abduction of your child by a partner before the abduction happens. Many states in America have enacted the Uniform Child Abduction Prevention Act (UCAPA). The act provides you with protection whenever you get concerned about possible child parental abduction after custody disputes.
If you have an upcoming custody hearing or you’ve secured a child custody order, then you can file a petition under this act to address your problem. Through a successful petition, the judge may impose a ban or limits on your partner’s movements across borders.
Consider the Aspects that get Looked at in Foreign Courts
Apart from actual custody-related laws, you should also determine whether the nation you’ll be dealing with is a signatory to the Hague Convention. You should also find out whether the courts are likely to consider religious and cultural beliefs when dealing with your international custody disputes.
Move Where Possible When Handling the Dispute
It isn’t easy to get an international child custody order. Such disputes are challenging to navigate, and they may take a lot of your working time. If you can telecommute or take a short leave, then you should consider relocating to the nation where your child is until the matter gets resolved. Such temporary relocation may offer you ample time and great ease when dealing with the dispute because you will not have to travel much.
Always Stay in Touch with Your Child
You should always work on maintaining some positive relationship with your ex-partner and child. You can chat online, make calls, share pictures, and even send some money to show them that you care.
Northeastern U.S states have the lowest number of marriages and divorce rates. But, the western states top the list of states with high divorce rates and marriages. The western states are followed by the Southern states, which have the second-highest rates.
With the high rate of divorce in some states, child abductions and the number of children taken across borders may be high. If you and your child are victims of such child abductions, then you should follow the steps cited above to handle your international custody disputes.
