Some families begin with two parents who both have ties to another country. Spouses might immigrate together to start a family in the United States. Other times, United States citizens may begin families with immigrants.
If one or both parents have international ties, there may be concerns about complications if the parents divorce and share custody. The Hague Convention is a critical piece of international law that helps protect parents in complex, international custody scenarios.
What is the Hague Convention?
Family court orders generally only carry authority in the jurisdiction where the courts authored those orders. Within the United States, states typically recognize other jurisdictions and can cooperate in cases involving one parent removing a child from a state in violation of an order.
The situation becomes significantly more complex when the parent taking the children without permission leaves the country. The Hague Convention is an international compact that more than a hundred nations have joined. It allows countries to recognize and enforce custody from other nations that also signed the Hague Convention.
If one parent leaves the country with minor children without the consent of the other or if they refuse to return after permitted travel to visit family abroad, the Hague Convention can help. Under the Hague Convention, it is possible to seek the return of children taken from the country without consent or kept abroad for an inappropriately long time.
Establishing a thorough custody order and responding promptly to violations of that custody order can help parents protect themselves and their children. The Hague Convention provides critical legal protection for parents concerned about international custody violations.
