Interstate & international family law disputes arise with couples that were living either in other states or other countries file for divorce, paternity, or custodial rights in California. In some cases, only one party resides in California. Other times, people obtain judgments in other countries or states, but now live in California and have unpaid support issues, unsatisfied money judgments, or children who have been abducted by one party and taken to California to find refuge. Our attorneys are well versed in the laws pertaining to interstate and international family law disputes, and we can help to resolve them on your behalf.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) sets forth the rules for determining which state can make orders regarding children. International treaties such as the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction may also come into play. These cases are complex. You will need an experienced attorney to guide you through the ins and outs of laws relating to other jurisdictions.
A number of countries do not participate in a global law regarding interstate and International family law disputes, such as the Hague Convention. In these countries, if a child is being unlawfully held there by a parent, it is often necessary for measures to be taken out of court. For instance, petitioning local senators and state officials, as well as contacting foreign embassies can help to retrieve children who have been abducted by a parent. It used to be common practice to hire a private entity to enter the country in order to bring the child back to their homes, however that is now frowned upon by the State Department. Instead, attorneys can petition politically connected people on the parent’s behalf and help to facilitate the process of returning the child to their custodial parent.
There are a plethora of different laws that may play a pivotal role in your dispute, given that each state within the US, and even each country, have their own set of laws and regulations. Jurisdiction plays a major role when it comes to determining the outcome of child custody disputes, so having an attorney to guide you through the process of figuring out exactly which jurisdiction is considered to be the child’s home state, thereby determining where the hearings are typically going to be held for the case. Aside from determining jurisdiction, an attorney should assist you with creating a parenting plan that is in the best interests of the child, and ensure that the parent who is out of state and does not have primary custody receives proper visitation rights.
We have extensive experience in handling interstate and international family law disputes. Our knowledgeable staff will be able to guide you through this complicated process. If you would like more information, please call us to set up a consultation.