Hague Convention Lawyer
It is very frightening to think of your child being taken out of the country. The Hague Convention provides a means to help parents when their child has been unlawfully removed. Some parents try to use the Hague Convention as a weapon alleging that a child was taken illegally when a parent had lawful custody and authority to bring the child to another country.
Whether you are seeking the return of a child or want to prevent a child from being removed from the country, an experienced Hague Convention Lawyer at Naimi Family Law Group is ready to assist. We understand the need to act quickly, and we know how to take advantage of Hague Convention procedures to protect your child and your rights.
Understanding the Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty that creates provisions to foster the swift return of children unlawfully removed from their home countries. This treaty orders courts to honor the custody and access laws of the child’s home nation.
When a parent brings an action under the Hague Convention, the court will not address any issues of custody directly. Instead, in these cases, the court will determine whether a child was abducted or improperly kept away from their country of habitual residence.
The Hague Convention applies only to countries who have signed the treaty, and may only be used for children under the age of 16.
Ascertaining Whether a Child was Wrongfully Removed
The main issue in a Hague Convention case is not “which parent has custody” but whether a child has been wrongfully removed or held outside their home country. So a key factor the court must decide is which country is the child’s country of habitual residence. One reason that it is important to act quickly with a Hague Convention case is that the longer a child remains in a new location, the more likely the court will be to consider that child to settled in the new environment and the less likely it is that the court will order the child’s return.
In addition to deciding which country is the child’s habitual residence, the court must also determine whether removal from that country was wrongful. If the parent had the right to move the child, either temporarily or permanently according to the custody order in place at the time, then removal was not wrongful.
Help from the Hague Convention
When a parent has custody rights, the Hague Convention gives them a means to get assistance in getting the child returned or gaining access to the child if the other parent has unlawfully denied them access. The treaty provides an expedited return process.
Lawyers use the Hague Convention in conjunction with federal and state laws to enforce custody rights.
An Experienced Hague Convention Lawyer Can Protect Your Rights and Your Family
To stop or prevent an international child abduction, you need to take prompt action. The dedicated team at Naimi Family Law Group understands the strategies that can help establish and enforce your rights as a parent in a variety of circumstances, including cases where your child is or could be wrongfully removed from the country. Contact us now for a confidential consultation to learn how we can protect your family.