International Child Abduction Attorneys
On December 23, 1981, the United States signed the Hague Convention on the Civil Aspects of International Child Abduction. With Congress’ enactment of enforcement legislation, the treaty became enforceable in the United States on April 29, 1988. The purpose of the Convention is to prevent the use of force to establish artificial jurisdictional links on an international level for purposes of obtaining custody of a child. While words like “abduction” and “force” are often used in reference to the Convention, it was not drafted to address violent kidnappings by strangers. It was aimed, rather, at the “unilateral removal or retention of children by parents, guardians or close family members.” Beaumont & McEleavy, The Hague Convention on International Child Abduction 1 (1999).
A Hague proceeding really boils down to one simple question: “Should a child be returned from one country for purposes of custody proceedings in another?” While this question is a relatively simple one, its answer involves a complex mix of law and fact and multiple other sub-issues. For example, when did the removal or retention at issue take place? Immediately prior to the removal or retention, in which state was the child habitually resident? Did the removal or retention breach the rights of custody attributed to the petitioner under the law of the habitual residence? Was the petitioner exercising those rights at the time of the removal or retention? Did the petitioner consent or acquiesce to the child’s removal? Would the child suffer grave physical or emotional harm if returned to his or her habitual place of residence for custody proceedings? In other words, an international custody dispute under the Hague Convention is a complicated matter.
No Nevada law firm has more family law experience than Pecos Law Group, We understand the Hague Convention and its implementation in the United States district court or the state courts of Nevada. We have the experience to navigate this complex and sensitive area. Whether you are retaining a child in Nevada or attempting to retrieve a child from a foreign jurisdiction, we can help you explore your options, negotiate a fair resolution if possible or assert your position and reasoning in court.