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:
Andorra
Argentina
Armenia
Australia
Austria
Bahamas, The
Belgium
Belize
Bosnia and Herzegovina
Brazil
Bulgaria
Burkina Faso
Canada
Chile
“China – (Hong Kong and Macau only)
Colombia
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Germany
Greece
Guatemala
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Jamaica
Japan
Latvia
Lithuania
Luxembourg
Macedonia, Republic of
Malta
Mauritius
Mexico
Monaco
Montenegro
Morocco
Netherlands
New Zealand
Norway
Panama
Paraguay
Peru
Poland
Portugal
Korea, Republic of
Romania
Saint Kitts and Nevis
San Marino
Serbia
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Thailand
Trinidad and Tobago
Turkey
Ukraine
“United Kingdom
- Anguilla
- Bermuda
- Cayman Islands
- Falkland Islands
- Isle of Man
- Montserrat”
Uruguay
Venezuela
Zimbabwe
If you are seeking counsel for assistance in an international child abduction situation, contact Diana Mohyi Attorney at Law for counsel on this matter.