Those subject to a parenting agreement or court order must first obtain court approval before moving outside the state or country with a child permanently. It’s crucial to note that this same rule applies to parents who were never married. If you are currently planning on relocating out of the country with your child, it’s in your best interest to consult with a qualified Nassau County Child Custody Lawyer who can help you understand your rights. Please continue reading as we explore how international child custody disputes are handled.
How is Jurisdiction Determined for International Custody Disputes?
Jurisdiction, or the authority of a court to hear and decide a case, is a cornerstone of legal proceedings, especially when it comes to child custody disputes. When these disputes revolve around parents residing in different states, the Uniform Child Custody Jurisdiction and Enforcement Act helps determine which state’s court has the authority to make custody decisions. However, the landscape becomes much more complex when international borders are involved.
Different countries operate under unique legal systems and may not recognize the jurisdiction or court orders of the U.S. This can lead to scenarios in which a parent finds themselves in a foreign court that they believe is inappropriate or ill-equipped ot hadle their child’s custody case. In such situations, the parent may be able to request a transfer of the case ot a different jurisdiction.
How Do I Relocate to a Foreign Country With My Child After a Divorce?
The legal process for relocating to another country with your child after a New York divorce will depend on whether the other parent consents to the move. If the other parents agree to the move, you will need to obtain a signed consent order. If the other parent refuses to consent to the move, you will need to petition the court for permission to relocate the child. This will require demonstrating a compelling reason for the move, such as a job opportunity or family support. Even if you have sole custody, it’s advisable to notify and seek consent from the non-custodial parent to avoid any issues. Relocating without consent or a valid court order can be viewed as child abduction under the Hauge Convention.
It’s important to note that international parental child abduction occurs when a child is removed or retained outside their country of habitual residence (the place where they have lived the longest), and the removal or retention violates another parent or guardian’s custody rights. The Hague Convention can help you get your child back to their home country. However, it doesn’t decide which parent should have custody. The primary goal of this treaty is to return children under the age of 16 to their habitual residence.
If a country is not a signatory to the Hague Convention, you will need to file a new case in that country’s courts, as your existing custody order will likely not be enforceable. Before a U.S. court will sign off on a relocation, they will consider the potential impact of the move on the child’s life and the ability of the parent to maintain contact. Above all else, the court prioritizes the best interests of a child.
At the Law Offices of Eyal Talssazan, P.C., we understand that petitioning the court to move can be overwhelming. That’s why our legal team is prepared to represent your interests. We will help you determine the best course of action during these matters. Connect with our firm today for more information.
