Because society of today is so globally large, with the reduced cost of international travel and the technological advances that allow people to communicate with each other no matter where they are for relatively low prices, there are more international marriages. However, like every other type of marriage, a lot of these marriages end in divorce and this can cause an increase in child abductions and in international custody battles.
After parents separated or divorced they are going to have an ongoing custody dispute with the help of their divorce lawyers such as the ones available at May Law LLP. However some of the most difficult custody disputes involve one parents’ decision to wrongfully remove a child from his or her country, retain the child in their foreign home country, and oftentimes this is done without the consent of the primary parent and is considered kidnapping.
The parent that has been left behind can often invoke the protections of the Hague convention, which is laws set in place to help remedy the situation. The Hague Convention was created in 1980, which is the civil aspect of International Child of abduction, in this treaty was created to respond to the problem that was quickly becoming noticed in the 1980s — and this was international child abduction after divorce.
The Hague Convention provides a legal process for the prompt return of an abductive child to their home country and their family. Once a child is returned from overseas, the local courts will resolve the custody dispute.
The Hague Convention only applies in signatory nations, which are nations that have adopted the convention, so the remedies that it offers are only available if a child is wrongfully removed from the country that is involved in the treaty. Furthermore, the child must have been removed to a country that is also involved in the treaty otherwise there is nothing that the convention can do.
If you or your family has experienced a child abduction, after the international divorce you should look into the Hague convention and see if they can help you with the help of your divorce lawyer.
The convention does not provide custody rights, but it details the procedural aspects of judicial proceedings for the return of the children to the country they were removed from. If custody rights were violated for the wrongful removal of a child to a foreign country, the parent that is seeking to have the child returned to them must file a local or custody action and ask the local court to invoke the Hague Convention.
The convention sees that courts in nations that are assigned to the treaty understand how quickly they must work in seeking the return of an abductive child, and it gives them up to six weeks from the filing of the action to ensure that a final decision is made on where that child will stay.
If you are experiencing an international child abduction after a divorce, talk to your divorce lawyer today and get started with the Hague Convention.