International Child Custody Issues
One of the most challenging issues in family law is international child abduction by a parent. In the past when a parent took a child out of jurisdiction to another country, a parent had a mean impossible ability to assert their child custody rights across borders. This led to the creation of the Hague Convention on the Civil Aspects of International Child Abduction. This convention established rules for international child custody cases to deal with these situations.
The Purpose Of The Hague Convention
Cases involving Hague Convention child abduction matters are preliminary to any question of custody. If a parent removes a child from the United States, a Hague Convention case only deals with returning the custody matter to where it was prior to the child leaving the U.S.
This is because of jurisdiction. A Texas court has no jurisdiction over affairs that occur in a foreign nation. With a Hague Convention matter, a court in a foreign country typically determines if the child should be returned to the U.S. then, a Texas court determines the merits of any specific custody issues.
Time Is Of The Essence With These Cases
Acting as soon as possible after the removal of a child is known is essential. The Hague Convention works to return the child to his or her “habitual residence.” Because of the special nature of the Convention, you want to work with U.S. attorneys who understand the special requirements and procedures that are employed when filing an action to return a child who has been removed.
Our attorneys at Sanchez & Farrar PLLC understand the special elements of the convention, and we can work aggressively to file the necessary documentation to initiate these proceedings.
Contact Us Today For Help
Issues involving the Hague Convention are serious and demand immediate attention. To speak with our lawyers, call our Austin office at (512) 518-1584 or use our online form.
Our legal team is bilingual in English and Spanish.