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Hague Convention rules for international possession disputes

| Dec 9, 2019 | Child Custody And Support |

International travel is increasingly simple for people in Texas and all over the world. The ease of international travel and the presence of international opportunities for employment make it more likely that a person will move and live abroad. When combined with a marriage, divorce or children, this can give rise to complicated issues of child possession. For example, there may be questions as to which country’s laws are applicable when a parent removes a child from the country.

The Hague Convention contains provisions that relate to international child possession matters. It is a treaty that has been ratified by 98 countries and provides a protocol for the adjudication of child possession issues where the laws of more than one country are involved. In cases where a child has been wrongfully transported to another country, the Hague Convention’s Article 3 calls for the prompt return of the child to the country in which he or she habitually resides.

According to the Hague Convention, the law of the country from which the child was removed is the law that applies in these situations rather than the law of the country to which the child was transported. In situations where a child has been taken to a country that has not ratified the Hague Convention, the solution to the situation may be still further complicated.

In a case where a Texas parent has questions or issues regarding child possession or visitation, a lawyer may be able to help. A lawyer might help the client assert his or her visitation rights if the custodial parent is unlawfully restricting visitation. The lawyer may also draft the legal documents necessary to move a court on child possession matters. A lawyer might argue on the client’s behalf during child visitation, child possession or child support hearings.

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