International Custody

These days, it is not uncommon for international marriages to occur. Things can get tricky when children are involved, though, and even trickier when the marriage ends in divorce. Because not every country abides by the same laws, it can be hard to know what you’re able to do in these situations. At Litvak Litvak Mehrtens and Carlton, we can help you understand your rights when it comes to international custody. Furthermore, we will help you fight for those rights.

International Relocation

The way that courts determine whether to allow a child’s international relocation focuses on the best interest of the child themselves. If a judge believes it is in the child’s best interest, they may either authorize or revoke a request for a child’s relocation. 

Another factor that may be taken into account includes the other parent’s ability to visit the child. If visitation to this country would prove difficult for the left-behind parent, this may affect the court’s decision. Cultural conditions and foreign practices that may impact the child significantly are also considered.

Abduction Laws

In an international custody dispute, there may be scenarios where one parent wrongfully removes the child from their home country. The removal is considered wrongful if one of the joint custody holders didn’t consent or was not made aware of their child’s relocation. In order to be removed from the country legally, both joint-custody holders must consent to the action.

If one is not made aware of the relocation or does not consent, it is considered child abduction. Because laws vary from country to country, child abduction can be a difficult area to navigate. To respond to this issue, the Hague Convention on the Civil Aspects of International Child Abduction was created.

What is the Hague Convention?

The Hague Convention is an international treaty that covers the aspect of international child abduction. Currently, there are 96 nations that adhere to the Convention, including all of North America. The Hague Convention provides a legal basis to return the child to their home country where they can go through the proper court system.

To invoke the Convention, a child must have been wrongfully removed from their home country. The parent pursuing the return of their child must prove that the child was a habitual resident to their country and that they were illegally removed from it. Then, they must file a custody action with their local court. The court will then invoke the Hague Convention if applicable. Under the Convention, the return process of the child should occur in six weeks or less.

Contact International Custody Attorneys in Denver, Colorado

If you’re in the midst of an international child custody dispute, you need one of our lawyers on your side. Our attorneys will work with you to assert and maintain your custody rights. Contact us at Litvak Litvak Mehrtens and Carlton today for your family law needs. Call 303-951-4506 to arrange a consultation.