International Child Abduction Attorney

International child abduction occurs when a child is illegally taken to a foreign country. The term ‘illegally’ can apply anytime the child has been taken without the permission of the person in custody, as decided by the courts, of the child. International child abduction is a big problem because of jurisdictional conflicts; other countries do not all have the same rules regarding child custody as the United States does, so once a child has been brought to a foreign country, that country’s laws might dictate a child custody decision opposite the one made in the United States.

When a child is abducted to a foreign country, that child is usually almost completely cut off from communication with any family or friends that have been left behind in the United States. International child abduction, therefore, can take a huge emotional toll on children and their families.

If a child is illegally taken to a foreign country that has signed the Hague Convention on the Civil Aspects of International Child Abduction, then that country must comply with any custody decisions that have been made by United States courts. However, if the foreign country to which the child is brought is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, then that country has the ability to make its own custody decisions about the child. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA), which are used to regulate interstate child abduction in the United States, do not apply to foreign countries.

If you believe that your child is in danger of international child abduction or if your child has been a victim of international child abduction, you should contact a lawyer that handles child custody disputes with foreign countries to ensure that you and your child are not separated from each other by the laws of foreign countries.