International Parental Kidnapping and The Hague Convention

International Parental Kidnapping: The Hague Convention on Child Abduction

Experienced and Aggressive Legal Help for Cross-Border Custody Disputes

Any parental abduction case is emotionally charged and can be legally complicated, but an international parental kidnapping is even more stressful and presents unique legal challenges. At the Rivas Law Firm, our experienced Orlando family law attorneys specialize in handling these sensitive matters, providing skilled guidance and representation in Hague Convention proceedings and cross-border custody disputes.

Understanding The Hague Convention on Child Abduction

The Hague Convention on International Child Abduction is an important international treaty designed to protect children and the rights of parents in cross-border custody disputes. Under the treaty, the parent of a child under 16 who has been wrongfully removed to another country by another parent can submit an application called a “Request for Return” to the Office of Children’s Issues, a division of the U.S. State Department.

While the Office of Children’s Issues is set up to help you get your child back, it does not provide legal representation. It is strongly advised to hire an experienced attorney to ensure that your application has the best possible chance of success. It is essential to act quickly because the convention generally applies to cases initiated within one year of the wrongful removal or retention.

Why Choose the Rivas Law Firm for Your Hague Convention Application?

As your dedicated legal team, we have extensive experience navigating the intricacies of this convention and its application in international family law.

Key aspects we handle include:

Determining habitual residence.
Initiating child return proceedings.
Working with Central Authorities.
Addressing grave risk exceptions.
Evaluating consent defenses.

Our Approach to International Parental Kidnapping Cases

When faced with an international parental abduction situation, time is of the essence. Our Orlando-based attorneys act swiftly to safeguard your child’s well-being and protect your rights.

We offer comprehensive, aggressive, and experienced legal representation, including:

Immediate action to locate and secure the return of abducted children.
Representation in expedited hearings.
Navigation of international child recovery processes.
Implementation of abduction prevention measures.
Enforcement of foreign custody orders.

Navigating Cross-Border Custody Disputes

International custody battles require a nuanced understanding of both domestic and international law. Our team is well-versed in:

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Child custody jurisdiction across international borders.
Comity in family law and its implications for your case.

Left-Behind Parent Rights

If you’re a left-behind parent, we understand your situation’s urgency and emotional toll. Our attorneys will:

Guide you through the process of working with Central Authorities.
Advocate for your rights under The Hague Convention.
Pursue all legal avenues for the prompt return of your child.

Defending Against Wrongful Removal or Retention Claims

For parents accused of wrongful removal or retention, we provide robust defense strategies, including:

Evaluating and presenting evidence of consent.
Assessing the applicability of the grave risk exception.
Challenging determinations of habitual residence.

International Child Relocation

Planning to relocate internationally with your child? Our team can assist with:

Obtaining necessary permissions from the other parent or the court.
Drafting comprehensive international custody agreements.
Advising on potential Hague Convention implications.

Hague Convention Signatories and Non-Signatories

We have experience dealing with both Hague Convention signatory countries and non-signatories. Our attorneys will tailor their approach based on the specific countries involved in your case, ensuring the most effective strategy for child recovery or defense.

Over 100 countries are signatories to The Hague Convention on Child Abduction, including Argentina, Brazil, and Colombia, as well as many Central American countries. It’s important to note that being a signatory doesn’t always mean full implementation or compliance. The effectiveness can vary between countries. If you’re facing an international parental abduction situation, don’t wait. Contact the Rivas Law Firm today at 407-846-2240.