The Hague Convention

Divorce, separation and custody disputes are rising drastically. The rates are even higher between international couples. And, children are born at similar rates for both international and non-international couples whether married or not. You need to consider getting support from our child custody lawyers.

Many people never consider the legal consequences of where they live with a child. People that loved to travel before becoming a parent find the child care too much without their family and home culture. These people don’t usually understand the local language very well either.

Unfortunately many parents learn that they cannot return to their home country with the child. The parent may return to their home country, but the child may not be removed without the other parent’s consent or the court’s authorization. The parent can become stuck in a country where they don’t speak the language, cannot find employment and have no real way of providing for the child.

The Left Behind Parent

While some parents become stuck in a foreign country, other parents become the left behind parent. The Hague Convention prohibits people from removing or keeping a child in a country that is not deemed to be the child’s home. The child’s nationality, ability to speak or understand the language, and family ties are not controlling. Many American children become stuck in foreign countries. These children have American parents and only posses American citizenship. Similarly, these children only speak English. But these children may not be removed to the USA if they live on an American military base in a foreign country unless the other parent allow it.

The left behind parent can demand the return of the child if the other parent removes the child from their country of the last year. International parental kidnapping is the removal of a child to a foreign jurisdiction. Returning to your home country can be a very serious crime. But the left behind parent can lose his or her child, if the parent cannot prove the child’s habitual residence in the right court.

The Right Lawyer

Many lawyers will tell you that they understand the Hague Convention. But many people exaggerate their experiences.

Many lawyers will tell you that they have tried cases under the Hague. But, they won’t tell you that they lost those cases.

Many lawyers won’t tell you what happens to families after a Hague trial. Likely because they don’t actually have the experience to do so.

International parental kidnapping is a complex area of law. We need to educate the judge in most of the cases we handle. Similarly, we need to help the other side understand why the parent felt the need to return home. Fortunately, we have great success in helping families negotiate an international custody agreement that works for everyone. A parent stuck in a country with no social or economic support will have a devastating impact on the children.

We are experts on the Hague Convention and the ways to protect your rights and those of your child. You might not be blocked in a foreign country. But, the worst thing you can do is to bring your child to your home country without speaking to us. Let our experts help you understand your rights. We can help you make the best choice possible for your international family with our child custody lawyers.

*Habitual residence is a term of art that does not mean where the child is currently living. You should always consult with child custody lawyers with proven expertise in International Family Law when trying to understand the consequences of relocating with a child.