International Custody Lawyers

If you believe that your child is at risk of being taken out of the country by his other parent, or if this has already happened, there are several things you must and should do immediately. If your child is still in the country, you and your attorney should work on precautionary measures, such as finalizing a specific custody order, which is discussed in more detail below. If your child has already been taken, you should contact local law enforcement immediately and possibly file an application under the Hague Convention on Civil Aspects of International Child Abduction, which is also explained in further detail below.

Before your child is taken

Oftentimes, there are warning signs of the other parent's intentions. Being aware of these warning signs can help prevent a child abduction to a foreign country. Some of the things to look out for include whether the other parent lacks financial or familial ties to this country but has a strong network of family and friends in his or her home country. If he or she has threatened to take your child out of the country or tried to do so in the past, this is a major red flag. Also ask yourself if the other parent needs to be here for financial reasons or if he or she is financially independent, have they applied for a passport for themselves or the child, have they quit their job, sold their home or changed immigration status. These are all things that may point to an imminent departure and perhaps with your child.

You should talk to your attorney immediately if you are concerned. Together, you can work on creating a custody order or modify an existing one with certain preventive measures.

To be effective, the order should be specific and properly made. Visitation, for example, should outline certain days and times and not state "reasonable visitation" which is too subjective and difficult to enforce. You should also consider adding provisions about supervised visitation, allowing law enforcement to assist with violations of the order and specifically prohibiting certain pick up places such as day care or school.

To be properly made, the court must have jurisdiction (the power to make the order in your case), and notice must be made to the other parent. Your attorney should guide you in these procedural matters and ensure that the order is properly made.

Other actions you can take include asking the court to have the child's passport surrendered and/or prevent the other parent from applying for a passport for the child. You can also notify the Department of State of these court orders and have any applications for a passport for your child flagged.

Other practical actions you can take include the following: take pictures of your child, know their social security number, get them fingerprinted, notify schools and daycares of any custody orders and give them certified copies and know all the pertinent personal information of the other parent (social security number, driver's license number, passport information).

If you believe your child is risk of being taken at any moment and there is no court order regarding custody, you can get an emergency order preventing the other parent from taking your child out of the country. We strongly recommend that you hire an experienced attorney to handle this.

If your child has been taken

If your child has been abducted, you need to act immediately. First, contact local law enforcement and make a missing-person report and ensure that they enter this information into the NCIC, which is run by the FBI. Also make a report with the National Center for Missing and Exploited Children and call the U.S. Department of State (Office of Children's Issues) to discuss your situation and obtain further advice.

Next, you need to figure out whether you can file an application under the Hague Convention (your attorney advise you on this). The Hague Convention is an international agreement between and among certain countries that agree to help each other recover and return abducted children. (Review the link for a list of partner countries: http://travel.state.gov/abduction/hague_issues/hague_issues_1487.html )

You will note that many countries are not a party to this agreement and it does not apply to children 16 years or older. Oftentimes, the other country will hold a trial and look at the facts as well as identify the child's country of "habitual residence" in making a decision. If the child is considered mature enough (no specific age designated), their wishes will also be considered.

The foreign court does not make a decision regarding custody but rather whether the child should be returned for a custody determination. It is also important to note that the foreign court does not have to honor a custody order that you may already have but it may help. You will likely need an attorney in the country and your attorney here should help you find someone and work with them to ensure that all proper measures are taken to find and return your child.

You should file an application under the Hague Convention immediately because if it has been over a year, the other country may decide that the child is already acclimated to the new country and should not be returned.

A Hague Convention application is a civil matter, not criminal. An experienced attorney will help you weigh whether or not you should seek criminal charges against the other parent. Some countries will not return a child if the parent will be arrested or prosecuted. So, this is something you need to carefully weigh with your attorney.

If your child has been taken to a country that is not part of the Hague Convention, you can try to go through the judicial system of that country to obtain a custody order in that country or have your existing custody order enforced. Of course, your success will depend on the facts and the country involved. While some countries have consistently worked with the U.S. in child abduction cases, other countries are less cooperative, and even resistant.

Since local, federal and international laws are in play when a child is abducted and taken to a foreign country, it is highly recommended that you obtain an attorney experienced in not only international family law but child abduction. Such an attorney can guide you through the process and formulate a plan for returning your child safely.

To learn more visit, http://www.findgreatlawyers.com/5ChildCustody.htm

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