Some parents decide to suddenly move to another country with their child, either after a formal separation or just prior to it. If this happened to you, would you know what to do? You might not be sure how, or even if, international laws would protect you or, more importantly, your relationship with your child. Here’s what you should do in the event you find yourself in an international custody battle:
How to Get Your Child Back During an International Custody Dispute
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Seek relief under the Uniform Child Abduction Prevention Act (UCAPA). If a child custody order exists and your child is removed from or retained in the United States, the UCAPA may be your best weapon to facilitate the safe return of your abducted child.
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Seek the assistance of an attorney familiar with international child custody law.
An attorney can:
- Represent your interests in the foreign jurisdiction to ensure fairness in court proceedings, as well as timely processing
- Locate the child
- Negotiate a voluntary return
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Maintain as much of a cohesive relationship with your child as possible:
- Send pictures, letters, and money.
- Do anything that will help strengthen the bond between you and your child.
- Consider the fact that you might have to move to the foreign jurisdiction until the matter is resolved, since the court process may be quite lengthy.
Factors to Considered When Dealing with a Foreign Court in an International Custody Dispute
A foreign court may hold values that will affect the outcome of the custody battle such as:
- Culture. Different cultures may have a profound affect on custody determinations in international courts.
- Religion. Some religions have certain perceptions about the specific roles of each parent in a child's life; religious values might be reflected in international court proceedings.
Obstacles to Getting Custody of Your Child in an International Custody Dispute
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Child expresses a desire to remain in the foreign country
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Child is a key witness in a case in the foreign country
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Family/political ties in the foreign country
International custody disputes are very difficult to navigate for parents, attorneys, and government officials. There are two countries at play and often two parents with strong opinions as to where the child should live and with whom. However, at the heart of things, there's also a child, who may or may not have an opinion of his/her own. Parents should try to remain as open and accommodating as possible and, equally important, parents should be prepared for a long struggle because the process of navigating the laws of a foreign country laws and reaching a resolution, suitable to the parties involved, may be lengthy.