International Custody

In today's increasingly interconnected world, it is common for people to move or travel between countries for business or personal reasons. When a person moves alone, the transition is usually straightforward. If the person shares custody of a child, though, relocating internationally can become complex. Numerous challenges can arise when trying to resolve an international custody dispute, and in some instances, a parent may attempt to abduct a child to another country. If you share custody of a child in Florida and either you or the child's other parent lives in or plans to move to another country, it is vital to talk to an attorney about what measures you can take to protect your rights. Attorney Sandy T. Fox is a skilled Miami child custody lawyer who is adept at helping parents advocate for what is best for their children, and if you hire him, he will aggressively pursue your desired outcome. Mr. Fox is a Florida Bar Board Certified Specialist in Marital & Family Law, and he frequently helps people in Miami handle international custody disputes. 

In the United States, jurisdiction over child custody cases is determined by federal and state laws. In international custody disputes, though, it can be challenging to establish which country's laws apply. If a child's parents live in different countries and the child resides with each parent regularly, there will likely be a dispute over which country has jurisdiction. If the parent living abroad initiates a custody case, the court in that country will typically have initial jurisdiction. The other parent can file a motion to transfer the case to the United States, but the success of this motion will depend on various factors. Even if it is determined that the United States has jurisdiction, another country may still refuse to recognize or enforce a custody order from a United States court.

In international custody cases, it is unfortunately not uncommon for one parent to take a child to another country with the intent of unlawfully keeping them there. In cases where one parent wrongfully removes a minor child from another country, the Hague Convention on the Civil Aspects of International Child Abduction, an international treaty often referred to as the Hague Convention, comes into play. This treaty, to which the United States is a signatory, is designed to protect children from wrongful removal or retention across international borders. It provides a legal framework for their prompt return to their habitual residence. However, it's important to note that the Hague Convention is only effective in countries that are signatories, and it does not grant courts the power to modify parental rights. Instead, its primary mandate is to ensure the return of an abducted child to their home country.

To invoke the Hague Convention, a parent must file a petition in court. If the country where the child has been taken is a signatory to the Hague Convention, the court will schedule a hearing. If the court finds that the petitioning parent's country was the child's habitual residence and that the child was wrongfully removed from that country, the court will likely order the child to be returned within six weeks. While there is no exact definition of the term "habitual residence," courts generally consider factors like parents’ intentions and the child's prior living situation to determine their country of residence.

People accused of wrongfully removing a child can assert a number of defenses under the Hague Convention. Specifically, the parent can argue that their co-parent consented to the child’s relocation, that more than a year has elapsed since the child was removed, that the child is mature enough to express a valid objection to returning, or that the child would face harm if returned.

International custody disputes can be difficult to resolve, especially if one parent takes the drastic and unlawful measure of abducting a child to another country. If you have questions about your options with regard to safeguarding your parental rights in an international custody case, it is wise to confer with an attorney. The trusted Miami child custody attorneys of the Law Offices of Sandy T. Fox, P.A. have ample experience handling international custody disputes and seeking the return of children under the Hague Convention, and if you hire us, we will advocate zealously on your behalf. Our office is located in Miami, and we frequently assist people with custody disputes throughout the city. You can contact us at 800-596-0579 or via our online form to schedule a free and confidential consultation.