Writ of Habeas Corpus
Habeas corpus was known in the common law of England and America as “the great writ.” In certain circumstances, it is available in Missouri, Illinois, Kansas, Oklahoma and Nebraska in child custody and visitation litigations. The Latin phrase means “produce the body.” A skilled family law attorney knows how to employ a writ of habeas corpus, in situations when a child is being unlawfully detained.
Hague Convention on the Civil Aspects of International Child Abduction
The Hague Convention is an international treaty which has been signed by the United States, Canada, most countries in Central and South America, throughout Europe, much of the Middle East, Australia and South Africa. Participating countries allow for a quick method to return a child who has been wrongfully taken to another country for resolution of the custody dispute.
The Parental Kidnapping Protection Act
The Parental Kidnapping Protection Act is a federal law. This law also protects Missouri, Illinois, Kansas, Oklahoma and Nebraska parents and children against an adverse ruling child custody ruling by another state.
Uniform Child Custody Jurisdiction and Enforcement Act
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by most states, promotes the policy of the Missouri, Illinois, Kansas, Oklahoma and Nebraska Courts to eliminate jurisdictional fights and to promote cooperation between courts in different states. Like the Hague Convention, the UCCJEA sets forth rules which determine the location where the child custody litigation will take place. Generally speaking, the “home state” time period is six months. Therefore, if the other parent takes the child to another state without your permission, you will want to act quickly or else risk litigating custody outside the state in which you live.
Child Abduction is a serious matter and we have written articles about the topic for you to read: International child abduction still a real problem: Part 1 and Part 2.
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