When you go through all the legal channels for divorce and have an agreement in place regarding your children and the property, you probably think the worst is behind you. Unfortunately, even if you have a custody and child support plan in place and order in place, you may still have an ongoing uphill road ahead when you have real reason to fear that the other parent may try to take your child across international borders, intending to never return them to your arms?
The Hague Convention on the Civil Aspects of International Child Abduction addresses the taking of a child across international borders after removing the child unlawfully from the home. The Convention is essentially based on an international treaty with a primary focus on the protection and financial support of children when international borders have been crossed, as well as the protection of adults.
Because the Hague Convention’s focus is ensuring a safe and speedy return of an abducted child under 16 years old to his or her legal residence, the laws laid out in the Convention require international cooperation. However, many countries have not adopted the Hague Convention.
When you suspect your child’s other parent intends to circumvent the applicable laws and court orders by leaving the country of the child’s residence, you need to act fast.
With the help of a New York attorney familiar with international abduction cases, you may have a better chance of preventing the abduction. If you are concerned about abduction by your child’s other parent and want to know what can be done, you should seek a New York family law attorney familiar with these situations.
