How Can A Lawyer Help With An Overseas Child Custody Dispute?

Nov 11, 2018 Family Law
Child Custody

How Can A Lawyer Help With An Overseas Child Custody Dispute?

Resolving international child custody disputes can be extremely difficult, largely due to the fact that different countries have different family law systems. Finding a lawyer who has the skills and experience to take on your case can be hard enough, and the costs of international disputes can range to tens of thousands of dollars.

Ultimately, the best thing to do if you’re considering opening an international child custody dispute will be to speak with your local family lawyer. They will be able to give you advice on the best way to proceed, helping you make informed decisions based on international law.

When do international custody disputes arise?

Ultimately, international child custody disputes are complicated matters which need to be treated individually. Custody disputes can arise in a number of circumstances, but there are two which are common:

  1. When a child is born to parents from different countries who then separate and can’t agree which country the child should be raised in.
  2. When two parents separate and one attempts to take custody of their children by moving overseas, hoping that the law won’t follow them.

Fortunately, there are conventions in place which are designed to simplify child custody disputes and make things easier for estranged parents.

The Hague Convention on the Civil Aspects of Child Abduction

The Hague Convention on the Civil Aspects of Child Abduction is an international agreement that has been signed by 96 countries around the world. Most of Europe, all of North America, and a number of other countries are part of the agreement.

It is designed to help return improperly removed children to any of the member states, and can be a big help when it comes to child custody agreements. If you’re children have been taken to a country that’s a member of the Hague Convention, then you have a much higher chance of achieving a positive outcome.

How should I choose a lawyer to help me?

Choosing the right lawyer to help you deal with your international child custody dispute can be difficult, especially if you live in a regional area. Ultimately, you need to consider the following:

  • If possible, find a lawyer who is familiar with international child custody laws, particularly with those of the country where your children are currently residing.
  • Make sure that you find a lawyer who is willing to spend a lot of time trying to achieve a positive outcome on your case.
  • Similarly, make sure that you’re going to be able to afford the legal fees. Unfortunately, these can become quite high, especially in complicated cases.

Final word

International child custody disputes can be very hard to resolve. Employing the services of an experienced family lawyer who has dealt with international disputes in the past will help improve your chances of a positive outcome, but the process will likely still be lengthy.

I’d recommend speaking to your local family lawyer to get the process started, but make sure that you explore your options carefully before committing to any one law team.