Navigating International Child Custody Cases in 2025

International child custody cases can be some of the most complex legal matters to handle. Even one small error or missed deadline can result in your case being dismissed or heavily delayed. Our team at Schaffer Family Law, Ltd., is here to help you understand the basics of how to navigate these challenging cases.

Our Background

At Schaffer Family Law, Ltd., we’ve spent decades focusing on international custody cases in the Naperville, Chicago, and Northwest Illinois community. Our lead attorney, David N. Schaffer, has over 38 years of experience handling international family law matters. His accomplishments earned him an Award of Merit from the National Center for Missing and Exploited Children.

International Child Custody Overview

Any type of parental rights case can be emotionally charged and complex, but when it is international, the complications exponentially grow. These cases sometimes overlap the local, state, federal, and international court systems. The two main case types are international child abduction cases and non-abduction custody disputes. In 2023, the Bureau of Consular Affairs Office of Children’s Issues handled 721 abduction cases involving 982 children.

Hague Convention Application

The Hague Convention is a treaty signed by 91 countries, including the European Union and the US. It is the primary resource through which international child custody cases are handled. The first step for many cases is filing a Hague Application. This document must include the following:

• The personal information of you, your child, and your child’s other parent.
• Explanation of the circumstances surrounding the removal.
• Evidence of your child’s place of habitual residence
• Basis of your custodial rights.
• Any court orders regarding custody before the removal.
• Whether you are looking for the child’s return or visitation rights.
• If applying for your child’s return, a detailed plan for how that may be accomplished is required.

The main argument you must make is that your child habitually resides in your country, their removal violated your custodial rights, and that you were respecting current agreements before your child’s removal. Schaffer Family Law, Ltd. is well-versed in these matters and can assist you with any questions you may have.

Case Process

Once received, the request is generally sent to the foreign country’s Central Authority. For the United States, this is the Office of Children’s Issues. The Central Authority then forwards the request to the other parent. At this point, they have the opportunity to voluntarily return the child. If they decline, the case proceeds to a court verdict.

International child custody cases are typically handled in the child’s country of habitual residence, but may be dealt with in the country they are currently in if it is in the child’s interest. Most Hague Convention countries encourage mediation between parents to find a solution.

If the case goes to trial, the court can review the circumstances of the removal, including whether they were wrongful, the custody rights of the parent left behind, and factors that may have contributed to the removal.

Non-Hague Countries and Rogue Nations

Some international custody cases do not adhere to the Hague Conventions, either because the country has not signed the treaty or “rogue” nations defy the order. These cases can involve direct communication with the local family courts in the other country or requesting diplomatic assistance from the U.S. State Department.

Hire an International Child Custody Lawyer — Schaffer Family Law, Ltd.

International child custody cases can be some of the most difficult legal matters you can face. The complex layers of international child custody laws can be overwhelming, especially for concerned parents. It is important that you hire an international child custody lawyer who can advocate for your parental rights in courtrooms here and abroad. The following are a few services your Schaffer Family Law, Ltd. child custody lawyer can provide:

• Preventative actions. If you are suspicious that your co-parent is planning to abduct your child, we can start matters early.
• Initial filings. The initial applications with the Hague or foreign family courts can be complex and confusing, with even a minor mistake setting your timeline back. We can file your applications for you, reducing the chance of error.
• Handle all foreign countries. We can assist you in all international custody disputes, whether in Hague Convention or non-Hague Convention countries.
• Court representation. Any court hearing is stressful, especially when it takes place in a foreign country. We can defend your parental rights and fight for the result you deserve.

FAQs

How Are International Child Custody Cases Handled?

International child custody cases are handled in a variety of different ways depending on the countries involved. If both countries are Convention members, an application is filed with the Hague. If your case involves a non-member country or a member that has gone rogue, parties contact the local family law institutions directly in the foreign country. The exact jurisdiction for your case can change.

Who Usually Wins in an International Custody Case?

In international custody cases, the parent who is successful depends on how the case was resolved. In 2021, 22% of return applications were resolved by agreement between the parents. That same year, cases that went to trial resulted in 59% return orders. An additional 10% of cases were withdrawn before the verdict, suggesting that a child custody arrangement had been reached outside the court process.

Are You Required to Have an Attorney for an International Child Custody Case?

You are not legally required to have an attorney for your international child custody case, but it is highly recommended. The difficulties of dealing with various levels of jurisdiction and the high-stakes nature of cases can make it challenging for someone to handle on their own. Even one mistake or missed deadline can set your case back.

How Long Do International Child Custody Cases Take?

The length of your international child custody case can vary greatly depending on the countries involved, court delays, and contributing complications such as language barriers. A case involving a cooperative coparent and successful mediation can often be resolved in less time than one that requires a court verdict. Your international child custody attorney can provide a timeline for how long your case may take.

Meet With a Child Custody Attorney Today

Contact us for an initial consultation, where we can learn your story and begin discussing your legal options in your international child custody case. You may also visit our Naperville office, located at the junction of I-88 and Route 59, northwest of McDowell Grove Forest Preserve.