If a parent wants full custody of their children, seizing the children and fleeing to another country might initially seem like the perfect solution. The custody laws might differ in another country, and parents may believe they can’t be accused of kidnapping their own children and sent back to their original country.
However, the Hague Convention requires the parent to bring the children back to their home country and face the legal consequences. This convention has been ratified in 98 countries, making it easier for children to be brought home without dealing with international travel protocols.
What is covered under the Hague Convention?
The Hague Convention covers situations that violate the other parent’s child custody rights. For example, if a parent in the United States takes their children without the other parent’s knowledge and flies them to Australia, Australia would be obligated to send the parent and children back to the United States.
As for the custody dispute itself, the Hague Convention states that custody will be decided according to the original country’s laws. For this reason, parents can’t flee to a country with different custody laws that might offer a better outcome for them. They must return to their home country and deal with the legal proceedings.
In any case, if your children have been abducted by their other parent, you may want to hire an international family law attorney as soon as possible. An attorney may help you deal with the ins and outs of international law, particularly if the parent fled to a country that’s not part of the Hague Convention.
Should you hire an attorney for your child custody case?
Even if you and your former spouse are on good terms, seeking professional legal help can ensure your rights and interests to your children are protected. Especially if you’re having trouble negotiating, it may be time for an attorney to step in. If your case does go to court, your attorney can help you fight for the best possible outcome for you and your children.