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Get help with international child abductions

On Behalf of Cullen Family Law Group | Apr 28, 2017 | Child Custody |

What happens if your child’s other parent responds to your request for a divorce by fleeing the country with your child in tow?

If you’re lucky, the country your child has been taken to is a member of the Hague Convention. The Hague Convention is an agreement formed by a number of countries that focuses on the child — and puts jurisdiction in the hands of the court where the child habitually lives.

It also establishes a Central Authority in each member country that will help locate an abducted child. The Central Authority will often try to get the abducting parent to surrender the child peacefully.

One of the most important features of the Hague Convention is that you do not have to have a formal custody order in place at the time of the abduction in order to assert the right to have your child returned to the United States. As long as removing your child from your care in this manner is considered wrongful and an interference of your custodial rights, the Hague Convention applies. That alone can help streamline a child’s return to his or her usual country of residence.

Keep in mind, however, that even if the Hague Convention applies, you may still face a serious fight to get your child back. The Hague Convention doesn’t obligate a country to return a child if he or she is aged 16 or older or is mature enough in the foreign court’s estimation to have an opinion on the matter and wants to stay in the new country. A country also isn’t obligated to return a child to another country if there’s a serious risk that the child would be exposed to physical or psychological harm if he or she were returned.

You can probably expect, at the very least, for your child’s parent to level abuse accusations against you in an attempt to win international authorities over to his or her side.

Don’t try to fight an international abduction on your own. Talk to an attorney who has experience handling international abductions. For information on how our firm approaches child custody cases, please visit our page.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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