How to Handle an International Custody Dispute
After or just prior to a formal or legal separation, some parents decide to move to another country, taking a child or children with them. In many cases of international custody battles the parent takes the child away without the knowledge of the other parent and against their wishes. If this happened to you, would you know what to do? Would you know which international laws would protect you and how to maintain a relationship with your child? If you have found yourself in an international child custody battle, here’s what you need to do.
Getting Your Child Back
During an international custody battle you should seek relief under the Uniform Child Abduction Prevention Act. If a child custody order is in place in the United States and your child is taken from the country, the UCAPA is usually the best weapon that you have in order to ensure the safe return of your child. Under the UCAPA your child is classed as having been abducted, even if they are with a parent with little chance of any harm coming to them. In order to be in the best chance of getting your child back you should also contact an attorney who is familiar with international child custody law such as Ideal Legal Group.
Maintaining a Relationship
When you are involved in an international child custody battle, it’s vital to maintain a good relationship with your child. If possible, you should keep in touch with them via telephone or social media, and ensure that your relationship with them remains strong. Send gifts, photographs and letters to help your child stay connected with you whilst they are abroad with their other parent. It’s crucial you don’t converse with your child about details of the custody case, no matter how you currently feel about your ex-partner.
Possible Obstacles
Dealing with an international custody case means that you will need to be ready for a number of obstacles which might occur. If your child expresses a desire to stay in the country that the other parent has taken them to and authorities cannot find any risk to them if they stay, you may need to accept that you will not win full custody. Instead, it might be better to request arranged visits with your child, either with them travelling to see you or vice versa. Another situation which may cause it to be difficult to get your child back is if they are a key witness in a case in another country. If this is the case, you may be able to get your child back with you once the case is over. If your ex-partner has a lot of family ties in the other country, you may also find it difficult to win the custody case. Although these obstacles can make it difficult, you should know that it is not impossible to overcome them with the right legal help.
Fighting an international custody battle is never easy. However, throughout the case it’s important to remember that maintaining a good relationship with your child is crucial.
