International child abduction and the Hague Convention

International child abduction and the Hague Convention

On behalf of Stange Law Firm, PC posted in Child Custody on Thursday, November 21, 2019.

Family law matters are not easy to address not matter the situation. Child custody matters can get complicated quickly, and this is especially true when a parent fails to abide by a court ordered custody arrangement. Parents who choose to relocate with their children without the other parent’s consent and without court authorization, for example, can damage the child’s relationship with his or her parent. Previously, this blog discussed the UCCJEA and how it can be utilized to address child custody matters when a child has been taken to another state, but this week, cases of international abduction will be assessed.

When a child is taken out of the country in violation of a court order, a parent wants nothing more than their child’s safe return. This can be a difficult task in international cases for a number of reasons, not the least of which is the fact that each country has its own laws and legal approaches, and they may not recognize orders issued by other countries. This is where the Hague Convention proves beneficial.

Under the Hague Convention, a number of countries have agreed to utilize a Central Authority, one of which is found in each member country, to help resolve cases of international abduction. The Central Authority of each country is tasked with locating abducted children as well as spearheading efforts to resolve these cases. The Central Authority is also responsible for facilitating an abducted child’s safe return to his or her home country.

Therefore, when dealing with a case of international abduction, a parent needs to know how to utilize the Hague Convention to his or her benefit while working closely with the Central Authority of the country in question. These legal matters can be quite delicate, meaning that any mistakes can result in disastrous outcomes. This is why parents of internationally abducted children should think about seeking out the competent legal representation they need.

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