In California, a co-parent cannot make a unilateral decision regarding the child’s primary residence, especially if it involves relocating to a different country. Here is what you need to know to protect your rights.
What does the law say?
Under California law, a co-parent cannot relocate to a place that is located outside the state or in a different country without your written consent or a ‘move away’ order from the court. If they flee the country with the child by keeping you and the court in the dark, they may face felony charges that can result in jail time under the International Parental Kidnapping Crime Act (IPKCA).
Can the Hague Convention help you?
In some international custody disputes, the Hague Convention may come to the rescue. It has a judicial mechanism in place that can return a child who was wrongfully removed from their place of habitual residence (the United States). If the parent had moved to one of the countries that has signed the Hague Convention with the U.S. regarding child custody, their court may order the return of your child to California, leaving the ultimate decision to local state courts.
Protect your parental rights
If you fear your ex-spouse is planning to leave the country, you may file an urgent ex parte petition in California family court with the help of an attorney experienced in child custody laws. It may help you get emergency sole custody of the child. If they have already left, you can report the abduction to local law enforcement and later bring it to the court’s attention.
