International custody cases are usually very complex. Our firm has been involved with a number of them recently. Not many people even realize that custody fights can sometimes end up in Federal Court! Plus, the Federal Court expedites these cases as there must be a decision rendered within six (6) weeks of filing the Petition for Return of the child. These cases are very fact-specific. Because of this quick timeline and coordinating discovery (usually here and abroad) they take a lot of work to be handled properly.
The Hague Convention was ratified in 1980 and signed by the United States in 1986. The primary purpose of the Hague Convention is to protect children from wrongful removal or retention from their nation of habitual residence and to put into place a procedure that promptly returns them to their place of habitual residence. The important considerations are that a parent must have established legal rights in their home nation, and there must have been a wrongful removal or retention from the child's habitual residence. Also, don't be lulled into a false sense of comfort by thinking that because a country is a party to the Hague Convention that it will enforce its treaty obligations. For example, the U.S. State Department has asserted that even our neighbor Mexico is "non-compliant" with the terms of the Convention.
The increasing globalization of society makes it more likely that there will be an increase in these Hague Convention cases. If you or a birth parent may be moving to a new country, it is important to know what steps should be taken to guarantee that you are not jeopardizing your rights of custody or access to your child. We have posted several articles about this subject on our Ohio Family Law Blog. Protect yourself and the passport of the child! Click here to read about the passport issues. Or, click here about a block that can prevent a person from obtaining a passport for your child.
If you find yourself likely to become involved in an international divorce or custody case, no two are the same: and it is most often necessary for a party to secure legal representation in both countries. Don't try to navigate these waters alone! Get in to see us before allowing a child to travel abroad if there are any marital issues. Please contact Holzfaster, Cecil, McKnight & Mues so we can help you protect your parent/child relationship!
Divorce and Family Law Matters
