Legal Information for Parents. A three year old isn’t going to have any idea what to do if they are taken from the country and not returned. The Convention on the Rights of the Child (CRC) is the most comprehensive document on the rights of children. In 1980, the United States enacted the Hague Convention on the Civil Aspects of International Child Abduction (also called the “Hague Convention”), which is an international treaty promulgated to respond to the problem of international child abduction. Some of the most difficult custody disputes involve one parent’s decision to wrongfully remove a child from his or her home country, or retain the child in a foreign country, without the other parent’s consent. There are many matters to address when making an international custody agreement. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. In a child custody agreement, the parents draft an agreement that works to their satisfaction and present it to the court. Lexi’s father was given sole custody and her mother was granted visitation. As a result, you'll get a court-ready parenting plan that lays out every detail in airtight legal language. A standard agreement typically gives one parent custody and the other parent visitation. If you feel your ex may attempt to flee with your child, you can request supervised visitation. Younger children do not have the ability to contact you if they need to. The first two years, and every other year after that, it would be the mother’s responsibility to come to Alexis and visit her at home. Consider the age and abilities of your child as you create a long distance custody agreement. The agreement helps to avoid the problem of child custody cases languishing in uncertainty. After much discussion, it was decided that Alexis would remain in the U.S. with her father, family, and friends. TALK TO A … Custody X Change is software that creates professional parenting plan documents and parenting schedules. Divorced or separated parents that want to move their children out of the United States will have to file specific custody actions, commonly referred to as “international relocations” or “international move-away cases.”. Lexi has spent two summers with her mother in Canada without incident. At first, Lexi lived with her mother and spent a good amount of time with her father. Check your state's custody agreement guidelines. Six months after they were married, Lexi’s mother had to make a tough choice since her husband had been traded to a Canadian team. Your long distance visitation schedule can allow the other parent to come to visit your child. Consider the age and abilities of your child as you create a long distance custody agreement. While unfortunate, you may need to consider temporarily moving to the country where your children have been relocated until the matter is resolved, since international child custody cases can be quite lengthy. Using the U.S. Justice System. Completing the Hague Abduction Convention Application . Oftentimes after parents separate or divorce, they have ongoing custody disputes. They talk and text almost every day. when the removal or retention of a child violates one parent’s (or guardian’s) custody rights under the laws of the state in which the child was a habitually resident before the removal or retention, and. For more information on the Convention and the full text of the Civil Aspects of International Child Abduction, click here. This means they have an agreement to honor laws from certain countries. This will be a fact-based determination based on several factors, including: Generally speaking, the removal or retention of a child by one of the joint custody holders without the other’s consent is “wrongful.” Under the Convention, the following circumstances constitute wrongful removal or retention: There are a few defenses to a claim of wrongful removal or retention under the Hague Convention, which include: If your child has been wrongfully removed to (or retained in) a foreign country, you should immediately contact a local attorney that is experienced in international custody disputes for help. Lexi’s mother moved to Canada with her new husband. You can include stipulations in your custody agreement that prohibits your ex from obtaining a passport for your child and that forbids him or her from removing your child from the area.