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Do you know your rights in international child abduction cases?

On Behalf of | Jul 9, 2021 | child custody |

The auto industry is a major part of the history of Detroit, and it is still the case that many people can make good money as executives in the auto industry. Being an auto executive can be a lucrative career, but the long hours and frequent travel around the world can take a toll on your marriage, especially if your spouse is from another country and is living with you in the U.S.

When this happens, it is often best for spouses to divorce. Unfortunately, not every divorce is very friendly especially when children are involved. It may be the case that your ex may try to abscond with your child to another country. It is important to know what your rights are in such situations.

What steps can you take if your ex flees the country with your child?

There are several steps you can take if your ex flees the country with your child. First, ensure that when your divorce decree addresses any travel restrictions regarding your child. If you suspect your child has been abducted notify local law enforcement and provide them with any court orders you have regarding custody and restraining orders. If your child has dual citizenship you can also contact the other country’s foreign embassy or consulate. Finally, keep in mind that in the U.S. absent a court order prohibiting such actions minors can travel internationally even if you do not contest to such travel following your divorce.

What laws address international abduction?

There are numerous laws that address international child abduction. The main one is the Hague Convention on the Civil Aspects of International Child Abduction. This is a treaty that addresses how abducted children will be returned to their country of residence in the case of international abduction so a court can issue a decision on a child custody dispute.

In addition, there is a federal law known as the International Child Abduction Remedies Act. This Act establishes the processes for filing Hague Convention cases in U.S. courts and gives the U.S. Central Authority the right to access federal databases in order to locate an abducted child.

Do you want to learn more about child custody in Michigan?

Finding your ex has absconded with your child can be very distressing. Fortunately, there are steps you can take and laws that address such situations. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on child custody in Michigan may be of interest to those who want to learn more about their rights and options.