Is an International Child Custody Case Possible?

When you’re going through a divorce or dealing with a child custody matter, it can seem impossible that the future will ever deliver a time when you are secure in the arrangement. This is even more true if the divorce is contentious or you don’t fully trust the other parent to look out for your child’s safety and well-being. In some cases, even the enforcement of orders that include specific visitation times or other agreements can be a legal struggle, so it’s natural for parents to consider an international child custody case as an almost impossibility.

Yet these cases do exist, and it is possible for child custody to work on a more international scale. However, there are certainly more legal and logistical challenges in such scenarios.

Understanding the Type of Case and Jurisdiction

First, you need to understand the type of case you’re dealing with and which courts have jurisdiction. Federal courts only have jurisdiction in matters involving international parental kidnapping. This occurs when a parent illegally takes a child out of the country with the intent to deprive them of time with the other parent or keep them from the country. A lawyer can help you understand whether you’re dealing with a child custody disagreement as opposed to a potential kidnapping case, as there are certain scenarios that will hover on this line.

If you are dealing with a true custody dispute, then the state and local courts tend to have jurisdiction as they do in other family law matters, though you might need to consider the implications and involvement of foreign courts and agencies. The deciding factor on which court has custody in such cases tends to be the Uniform Child Custody Jurisdiction and Enforcement Act.

The Logistics of the Case

As you navigate a child custody case that has an international scope, logistics can be frustrating and require more intervention than in domestic cases. Parties to the case may be located in different nations and time zones, which can make scheduling and attending meetings and hearings difficult. You may also have to consider whether you can get a lawyer with experience and the ability to practice in the jurisdiction in question.

The Logistics of Potential Custody Agreements

As you move through the process and navigate the practicalities of the case itself, you’ll also need to address the logistics of any potential custody agreement. If one parent is living and working out of the country but still wants visitation time with the kids, for example, you won’t be able to fall back on the type of shared parenting time that works when everyone lives in the same city. 

Just a few of the things you might need to consider regarding this type of agreement  include:

  • Whether it’s safe and practical for children to visit the other parent outside of their home country or whether it makes more sense for the parent to plan to travel to see their children
  • How to ensure the safety of children when they travel, and what assurance you have that they will be returned as agreed after the fact
  • The costs of international travel and who will cover them
  • Whether the arrangement should evolve as children grow and become more adept at traveling or develop interests and obligations, such as jobs, sports activities, or other participation in their home country
  • The impact of potential travel bans or limitations on custody agreements, as children from the United States might not always be allowed free entry into certain areas of the world

What Is Hague Convention?

Hague Convention is an enforceable convention recognized by more than 100 countries. It sets up specific procedures for handling child custody disputes and ensuring the return of children who are abducted by a parent who is not following an agreed-upon custody arrangement. For example, if a parent keeps a child from returning home after an agreed-upon visitation time is up, Hague Convention might come into play. It’s important to understand whether the countries involved in your international child custody case have adopted this convention.

The Importance of Timely Action

In the middle of a brewing international child custody case, it can be tempting to wait out the other parent or try to resolve matters on your own. You might even think that by bringing in lawyers, you are escalating the case to a degree that it might not reach on its own. However, timely and proactive action can be critically important in these types of cases. By filing first—before the other parent brings in a lawyer and makes a custody-related filing—you may help set the stage for the case’s jurisdiction. By moving proactively to support a desired jurisdiction, you can enhance your chance at a more favorable outcome and reduce frustrations and logistical challenges in the case.

Get Help From an Experienced Legal Team

A family law attorney can support you through any type of child custody case, and legal assistance is vital when the case goes international. A lawyer can help you understand your options, create a viable strategy, and deal with all the challenges and obstacles an international case might bring. Talk to a lawyer today about protecting the best interests of your child. Call the Law Office of Patrick O’Kennedy at 714-701-6356.