With the current state of the American economy and the job market, in certain industries there are more opportunities in other countries. In an American divorce situation, it is not uncommon for one of the ex-spouses to be faced with a job opportunity in another country and to accept that position.
If one of the ex-spouses lives in a foreign country and they share custody of their child, some complicated issues can come up between them. The first question is which country’s rules do the parents abide by? It is entirely possible that an international child custody dispute may materialize.
What happens to the child custody agreement?
According to the Hague Convention, the institution that establishes international standards for child custody practices between countries, the country whose laws govern is the country from which the child was taken. The Hague also mandates that if a child is removed from the country of origin, they must be returned immediately to the original country. From that perspective, the original country is the one that determines who has the right to custody of the child.
This type of situation can become very complicated because each country has different laws concerning child custody. To add even more complexity, there can be additional issues if the foreign country is not a member of the Hague Convention. In general, in an international custody dispute, you should consider taking legal measures to have your child returned as quickly as possible.
Solid advice from a knowledgeable family law attorney
If you are in such a situation, the expertise of a California family law attorney who has experience with situations where the child is removed from the United States and taken to a foreign country may prove invaluable to you and your case. The best interests of the child must always be considered above everything else and your rights must always be protected.