While relocation following divorce can be quite common, relocating to a foreign country adds further complications to an already challenging process. International custody cases are difficult, factually complex and often emotionally volatile. There are no special rules or laws on an international relocation case in Kentucky. Procedurally, an international custody case works in the same manner as any other custody case. However, the results — if a child is allowed to move to another county — are often heartbreaking to one side.
One of the issues that can arise in contested relocation cases is that of child abduction, where one parent removes the child from his or her home state and takes the child to a foreign country without the written consent of the other party or the order of the Court.
In an international abduction case, the Hague Convention can provide for an immediate return of a child who is taken from this country to a foreign county. However, not all of the countries in the world are members to the Hague Convention. The majority are European counties, and a few counties in South America, Africa, and Israel. In many cases, even when a country is a member of the Hague Convention, it can be difficult to force that country to comply with the terms of the convention. In the situation where a parent abducts a child to a non-member country it can be very difficult, if not impossible, to enforce a custody order from Kentucky or any other state in the United States.
Contact Attorney Louis Winner for more information on how to protect your parental rights against child abduction or to discuss your international child custody concerns.