New York Courts will enforce custody foreign orders under the UCCJEA [The Uniform Child-Custody Jurisdiction and Enforcement Act]. This includes both orders from other States as well as Orders issued by Foreign Countries. However other Countries will not generally enforce Orders issued by United States Courts unless they are a signatory to the Hague Child Abduction Convention.
To be successful in an application to have your child return to you unde the Hague Convention, you must demonstrate:
- Your child was a habitual resident in the United States and was wrongfully removed to or retained in another Convention country;
- You were exercising your custodial rights at the time of the removal or retention, or you would have been exercising them but for the removal or retention.
- The Convention must have been in force between the two countries involved in the dispute.
- The child is under the age of 16.
As of March 16, 2020, the following Countries are a party to the Hague Convention:
Bosnia and Herzegovina
“China – (Hong Kong and Macau only)
Macedonia, Republic of
Korea, Republic of
Saint Kitts and Nevis
Trinidad and Tobago
- Cayman Islands
- Falkland Islands
- Isle of Man
If you are seeking counsel for assistance in an international child abduction situation, contact Diana Mohyi Attorney at Law for counsel on this matter.