Child custody can sometimes get rather challenging, but having to deal with your child crossing international borders. These custody cases often rely on the Hague Convention and other precedents that have been set. These are often complex undertakings so working with someone intimately familiar with these cases is beneficial.
Several things determine how to handle these cases. All of these must be considered if you’re going to try to wage a strong battle.
Location of the child
The country the child is living in plays a role in how the case is handled. The United States has agreements with some countries. The agreement with a specific country will determine what’s possible. There are also countries without any type of agreement with the U.S., so getting a child to return to this country from one of those is challenging.
Actions of both parents
When the courts have to get involved, the parents’ actions might come under investigation. Claims of abuse or abandonment are possible. It’s imperative to address these instead of just hoping they’ll go away.
Interests of the child
The goal of the court is to ensure that the best interests of the child dictate what happens. The court may consider factors like the stability of each parent, the familial support in each location and other factors when determining what’s best for them.
Anyone dealing with an international child custody battle should ensure that they’re working with someone familiar with the laws that govern these cases. Taking matters into your own hands isn’t ever a good idea. Instead, handle things through the proper legal channels.
Filing your case quickly after you realize the child’s been taken to another country and likely won’t be returned according to the custody agreement is critical since these cases might take considerable time to sort out.