The Attorneys at Dixon & Moseley, P.C.
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Can a parent kidnap their child? Unfortunately, it is a common illegal occurrence. As difficult as it is when this happens within a single state or when the child is taken across state lines, international parental child abduction cases present additional challenges and fall under international laws, including the Hague Convention for member countries. With this in mind, here is…
Table of Contents International child custody laws. International child custody and abduction laws. Recourse when a child is wrongfully taken to a foreign country. Determining which country’s rules should apply. International parental kidnapping. What is the Hague Convention? What kinds of cases fall under the Hague child abduction Convention? What remedies are available under the Hague Convention? What is a…
Child abduction by a parent within the United States or abroad is not a new problem. However, with a totally integrated international society connected by numerous reliable daily flights, international child abduction is easier to accomplish and a growing problem. Literally, a child may be taken by his or her parent and be almost anywhere in the world within a…
For children (who may be subject to divorce custody order) removed from another country, there are two (2) bodies of law that may apply to obtain their return. The first is the Hague Convention on the Civil Aspect of Child Abduction. Typically, these are countries with Western-type values and legal systems. Where two countries have signed and ratified the treaty,…
Many countries are signatories to the Hague Convention on the Civil Aspects of Child Abduction1; and the treaty has been ratified between these countries. When this is the case, a child wrongfully removed from his or her country of habitual residence may be subject to proceedings to return proceedings, generally brought in the country where they have been taken. However,…
In today’s mobile world with buses, trains, and planes we are able to reach almost anywhere in the world within a day or so, tens of thousands of children are abducted by family members each year. Most western countries have adopted a Hague treaty to address the return of the children from the parental abductor. This blog briefly covers three…
Every parent has heard or seen a story about a couple whose child is taken and secreted in another state by the other when troubles develop in the relationship. This has been a problem since the 1960s. In 1968, a uniform act was proposed that would ultimately be adopted in all states in some forms by the early 1980s. This…
In the 1960s and 1970s, the trend of one parent taking a child to another state or country was recognized and remedies were implemented. There are over 200,000 parental abductions each year. This blog post summarizes the four legal remedies available for inter-state and international custody disputes where one parent simply leaves with the child. Within the United States, a…
Where the is a dispute about a child, from its biological parent to impermissible removal of a child from his or her home to return, there are numerous statutory laws that apply to ensure the child’s best interests are met and/or the proper court hears the matter. This blog is written to summarize those for you to better understand questions…
As we become a global economy and airlines link the remotest parts of the world within a day, international child abduction by a parent has become easier, more common, and problem in need of law-making. For this reason, about 25 years ago the Hague Convention on the Civil Aspects of International Child Abduction was proposed, signed by many nations and…