Frequently Asked Questions About International Child Custody Cases

International child custody cases can be complex since they usually involve local, state, federal, and international laws. When children are involved in international cases, it’s important to know the answers to frequently asked questions about international child custody cases so you know how to proceed.

What Is an International Child Custody Case?

When parents who live in different nations disagree on how to divide up their kid’s parental rights and responsibilities or parenting time, an international child custody case is created. Instances where one parent has wrongfully taken the child abroad or refuses to return the child after travel are common in these conflicts.

In Illinois, custody is referred to as the allocation of parental rights and responsibilities. The goal of the statutes in Illinois is to have equitable rights and responsibilities for both parents while putting the child’s well-being as the main priority.

How Does the Hague Convention Apply to International Custody Cases?

The Hague Convention is an international agreement that provides a legal framework for international child abductions. It aims to return the child to the country where they primarily reside (or were residing) before the abduction took place. The treaty also aims to protect the parent’s rights held in their country of residence.

Schaffer Family Law, Ltd. can help on all sides of a Hague Convention petition, whether you have already been served with one or need to start one. Our lawyers have extensive experience in these areas and frequently act pro hac vice to defend clients in Hague Convention proceedings throughout the United States.

How Are International Custody Cases Handled in Illinois?

Illinois, like most states, considers the interests of the child when making decisions regarding parental rights and responsibilities. When the case becomes international, there are a few things the Illinois court will consider including:

• Which country or state has the proper jurisdiction over the case
• The child’s primary residence, determined by where they have their primary connection
• International treaties and local laws and how they work together

These considerations will take careful planning and attention. Any procedural misstep can derail the case.

What Should I Do if My Child Was Taken Internationally?

If your child is abducted or is being illegally held in another country, taking prompt action can make a huge difference in the outcome of your case. First, you want to file a Hague Convention petition if the country your child is in is a part of the agreement. You can request that the child be returned to their country of residence. Afterwards, you will want to contact the local authorities to let them know the abduction happened. They can also provide you with guidance on contacting federal authorities.

Contact a child custody attorney in Naperville right away who is skilled in international child custody cases. International cases can include tight deadlines with complex legal requirements and conflicts. An attorney knows how to navigate these complexities and make sure you meet all the requirements.

Can My Child Be Prevented From Going to Another Country?

A child can be prevented from wrongfully entering another country. If a parent takes the child anyway, this can be considered an abduction, which is against the law. Parents can take measures to ensure that international abduction does not happen, such as requesting a court order or passport restriction if they believe there is a risk of abduction.

What Factors Are Considered When Deciding on International Relocation?

If one parent wants to relocate internationally with their child, they must request permission from the court in Illinois. The court will consider several factors when making its decision. Some of these factors include:

• The child’s interest. The child’s wellbeing is the primary concern of the court. Education, healthcare, and the child’s quality of life are all considered when determining relocation.
• The reason for the relocation. The parent that requests relocation must show that the request is for a valid reason, such as a new job opportunity.
• How the move would impact the child’s relationships. The court will determine how the move will affect the child’s relationships with the other parent and current family members.
• How to revise the parenting plan. If possible, the court will try to modify the parenting plan to allow the child to still have parenting time with the other parent.

FAQs

Q: How Does Child Custody Work Internationally?

A: Assigning parental rights and obligations across national borders is known as international child custody. Treaties like the Hague Convention, which deals with child abduction and relocation disputes, are taken into consideration by courts. The laws of each nation, the child’s place of habitual residency, and the child’s interests are all very important.

Q: What Questions Does a Judge Ask a Child in a Custody Case?

A: Without forcing the child to take sides, Judges probe them with age-appropriate inquiries to learn about their experiences and preferences. Daily routines, relationships with each parent, and general contentment in each home are common subjects. The court’s objective is to learn more about what is in the child’s interests while keeping the dialogue civil and encouraging.

Q: Who Wins the Most Custody Battles?

A: The parent who demonstrates their capacity to put the child’s interests first is given preference in custody decisions. Rather than automatically favoring one parent over the other, courts consider things like collaboration, stability, parenting abilities, and involvement in the child’s life. Whatever parent ends up taking on the majority of the duties, the goal is for both parents to contribute to providing a safe, nurturing environment for the child.

Q: Can a Mother Take a Child Out of the Country Without the Father’s Consent?

A: Generally speaking, a mother cannot leave the nation with her child without the father’s permission or a court order. The goal of international agreements like the Hague Convention and Illinois law is to stop unapproved relocations. In order to ensure that the travel plan is in line with the child’s interests and current parenting agreements, either both parents or the court must approve it.

Contact Schaffer Family Law, Ltd. Today

If you’re facing an international child custody issue, Schaffer Family Law, Ltd. can help. We can assist you with the complexities of international law. Contact us today to begin protecting your parental rights and your child’s well-being.