Please note: to protect your health and safety in response to the threat of COVID-19, our law firm will be operating remotely for the time being. We will conduct meetings with clients as well as consultations with potential new clients, by telephone or other electronic means, such as skype, zoom or facetime. We remain available to assist you with your family law matters.

Phyllis Bossin Honored By Super Lawyers

When It Really Matters

Phyllis Bossin Honored By Super Lawyers

  1. Home
  2.  → 
  3. Child Custody And Parenting
  4.  → International Custody Issues

International Custody Issues

It is a common occurrence in today’s mobile society for people from different countries to marry. Often people in the military marry a person from abroad, who then relocates to the U.S., or somebody who is working for a large corporation abroad marries a foreign national who then relocates to the U.S.

When these couples divorce, if there are minor children, relocation to another country becomes a significant issue. Unfortunately, situations often arise when a parent removes a child from the U.S. and then attempts to litigate the child custody case abroad.

There are international treaties that deal with child abduction and govern what countries have jurisdiction and under what circumstances. The first determination in an international custody case will be whether the non-U.S. country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.

This treaty controls the procedures that must be followed when a child has been abducted and taken to a foreign country. Under the Hague Convention, a petition for the return of the child must be filed. There are procedures that determine in which country your lawyer will file the petition. In the U.S., there is also an election as to whether to file in the domestic relations court or in federal court. These are complicated decisions that require significant analysis. These cases also generally require working with counsel abroad.

In cases involving non-Hague countries, it is important to protect against the child being removed to that country and specific restrictions and prohibitions need to be put into place to avoid such an occurrence. Handling international custody cases requires an understanding of international law, international procedure and some substantive law of other countries. Even if the other country is a signatory to the Hague Convention, this does not mean that the law will be followed and the child returned. These cases are complicated, lengthy and expensive.

At Phyllis G. Bossin & Associates, A Legal Professional Association, our attorneys have significant experience in dealing with international custody issues, including cases involving countries in South America and the Middle East.

To learn more or to set up a consultation, contact our office in Cincinnati, Ohio, at 513-421-4420 or use our online contact form.

How far does physician-patient privilege extend in custody and spousal support cases?

Generally, physician-patient privilege refers to rules that prevent doctors from testifying about communications with patients that occur during...

Divorce During COVID-19

Being at home with a spouse during a stay-at-home order can exacerbate an already fragile marital situation. Everyone is experiencing high levels of...

Child Custody and COVID-19

COVID-19 has created chaos for many divorced and separated people who have children.  The New York Times recently wrote an article called: New...