Practicing Family Law With Heart For More Than 25 Years

When Child Custody Crosses International Borders

For many people, life is not confined to state borders, let alone national borders. People move around the world for work, for family and for many other reasons. This can lead to major complications in child custody cases.

Are you divorced and want to bring your child with you as you move to another country? Are you a single parent whose child has been taken overseas by the other parent without your permission? Does your spouse have ties to another country and you have fears that he or she will take your child and run? Whatever the case may be, you need an attorney who understands the Hague Convention and other unique laws that apply in these cases, an attorney who can take the necessary steps to protect your relationship with your child.

At Weinman & Associates, P.C. in Austin, Texas, our lawyers have experience handling international child custody disputes in India, Nigeria, Australia, Russia, Switzerland, Denmark, the Marshall Islands and more.

What Is The Hague Convention?

The Hague Convention is a series of treaties pertaining to international legal issues. The specific treaty that comes into play in child custody cases is Hague Convention on the Civil Aspects of International Child Abduction. It applies only when the relevant countries are both members of the convention. As of 2015, 93 countries are members of the Convention. Members of the Convention have agreed to certain procedures to be followed when there is a child custody dispute involving two member countries. When a child is removed to a country that is not a member, it makes the case considerably more difficult, but certainly not impossible to work through.

As the name of the treaty implies, it applies when a child may have been wrongfully removed from his or her home country. In other words, it applies if a child has been taken across international borders in violation of child custody orders, or when there is a question as to which is the appropriate home country for the child. The treaty offers remedies to assist in creating appropriate custody orders, or in returning a child who has been wrongfully removed.

Contact Us About Any International Child Custody Issue

Our attorneys are well-versed in the steps that need to be taken to create effective international child custody arrangements, when appropriate, that employ creative methods to ensure continuing contact with the parent who remains in the United States. We also have the knowledge and strength to fight for the return of children who have been taken overseas illegally. To schedule a meeting at our family law office, call 512-472-4040 or send us an email.