International Child Custody Disputes
Are you worried about what will happen if your child gets taken to another country or kept there without your permission? Or maybe you are considering moving with your child to another country for professional or family reasons. International child custody disputes can move fast and get complicated quickly. Each country handles these cases differently, and mistakes early on can make it harder to bring your child home or defend your rights.
A lawyer from Kraayeveld Family Law can help you take the right steps to protect your rights and promote your child’s best interests. We know the laws, we know the courts, and we know how to fight for parents in Michigan dealing with international custody problems.
Contact us now or call (616) 383-2679 to arrange your initial consultation. Let us analyze your situation and discuss how we can help your family. Our office is conveniently located at 990 Monroe Ave. NW Grand Rapids, MI. Feel free to visit us for a case evaluation!
Understanding International Custody Laws
International custody laws assist courts in determining where a child will reside when their parents reside in different countries. The laws also guide how courts handle disagreements about custody, including what happens if one parent takes a child across borders without the other parent’s permission.
One key international custody law is the Hague Convention on the Civil Aspects of International Child Abduction. The international treaty allows for the return of children to their home countries if parents take them away without consent. The goal is to return children quickly so that the correct court can handle the custody issue. Courts in the United States follow this treaty when the case involves a partner country.
Another relevant law is the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). Most states, including Michigan, have adopted this international child custody law. It sets rules for which court has the authority to decide custody cases when more than one state or country is involved. Michigan courts use it to determine whether they have the right to hear a custody case. If another country has already started legal proceedings in a custody case, Michigan courts may not have the authority to step in.
The Hague Convention and International Child Custody
The Hague Convention helps parents deal with international custody disputes. It sets rules for the return of children who are wrongfully taken to or kept in another country. The United States and many other countries have signed this treaty. If one parent takes a child to another country without the other parent’s consent, the Hague Convention gives the left-behind parent a way to ask for the child’s return.
The Hague Convention does not decide custody. Instead, it determines which country’s courts should handle the case. Usually, the court in the child’s home country decides where the child lives. The law aims to prevent one parent from taking the child and attempting to obtain a better outcome in another country.
For the Hague Convention to apply, both countries must be parties to the treaty. The parent asking for the child’s return must show that the child lived in the home country and that the other parent’s relocation of the child violated their custody rights.
How Courts Determine Jurisdiction in International Custody Cases
Courts decide international custody jurisdiction by looking at where the child has lived most recently and for how long. In most cases, the child’s home state has the right to handle the custody case. That usually means the place where the child lived for at least six months before the case started. In the United States, Michigan and most other states follow the UCCJEA, which sets clear rules about which court can make custody decisions.
In international cases, the court also checks whether another country has already started a custody case. If that country has authority under similar rules, a Michigan court may not have the authority to intervene. The courts aim to prevent conflicts between legal systems and safeguard parents from relocating children across borders to gain a custody advantage.
Sometimes, Michigan courts may intervene if a child faces danger or if no other country or state can handle the case properly, but such situations are rare. If parents file in the wrong place, they can face delays or even lose the chance to have their case heard. That is why it is so crucial for parents to work with custody lawyers who have extensive experience with international child custody disputes.
Is Your Child at Risk for International Parental Child Abduction?
Some children face a higher risk of international child abduction by a parent. If one parent has strong ties to another country through citizenship, family, or property there, that can raise concerns. Potential warning signs of imminent abduction include a parent making sudden changes like quitting a job, selling a home, or getting travel documents for the child without telling the other parent.
If a court has not issued a custody order, either parent could try to take the child without warning. Even with a custody order, enforcement becomes more difficult once a child leaves the country.
If you have concerns about international abduction, it is essential to act promptly. You can ask the court for a custody order that includes travel limits. You can also share that order with law enforcement, contact your child’s school or daycare, and speak to an experienced international custody attorney.
How Kraayeveld Family Law Can Help with International Child Custody Disputes
At Kraayeveld Family Law, we focus exclusively on family law, and we’ve done so for over 30 years. If your child custody case involves another country, you need a team that knows how to handle both Michigan law and international rules like the Hague Convention. Our attorneys have the experience and preparation to deal with these cross-border custody issues head-on.
We treat every case like it might go to trial. That signals to the other side that we’re serious about protecting your rights and your child’s well-being. We also give honest, clear advice – even when the truth is hard to hear – because we know you need real answers to make the best decisions.
We don’t just work hard throughout your case. We stay in constant contact with you. Our team checks in regularly to make sure you know what’s happening and feel supported every step of the way. If you face an international child custody dispute, we will fight for your rights, stay responsive to your needs, and help you move forward with confidence.
Get Help from Our Michigan Child Custody Attorneys Today
Take control of your custody situation now by getting clear answers and a solid plan from a team that cares. At Kraayeveld Family Law, we know how to handle tough custody disputes, including those that cross international borders.
Contact us today or call (616) 383-2679 to get started with an initial consultation. We’re ready to listen, explain your options, and help you move forward.