How International Child Abduction Changes the New York Custody Dispute

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. 

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

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