The Hague Convention and its Effects on Parenting Time
Here at the Law Offices of Joumana Kayrouz, we are proud and pleased to serve an international community that may have ties both here in the United States and abroad. While we agree that international travel and the ability to appreciate cultures and countries around the globe can be just as beneficial for children as it is for adults, there may be some unexpected hinderances on travelling to certain countries should you find yourself embroiled in a family court case involving custody and parenting time due to the Hague Convention.
Some light research will reveal that specifically, the Hague Convention is “The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted by a parent from one member country to another… The Convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence. The primary intention of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic court…”
As such, it is very common and oftentimes even required that any judgment or order regarding custody must contain language regarding the Hague Convention, most often stating that children are not entitled to travel with either parent to countries that are not signatories to the Hague agreements without the express written permission of the other parent, or by order of the family court. Countries like Jordan, Lebanon, Iran, Iraq, and Egypt are not signatories of the Hague Convention and as such, please be aware that international travel to such places may challenging depending on the surrounding circumstances of your family court case.
If you have any questions about this information or any other parenting time or custody issue, call our offices today for a free phone consultation!