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Where a Child has Been Abducted Internationally to the U.S.

June 17, 2015 by  
Filed under Uncategorized

 

 

 

Where a child has been abducted internationally to the U.S. it is important that you find a lawyer  in the U.S. to assist you as soon as possible.

A fundamental purpose of the 1980 Hague Convention on the Civil Aspects of International Child Abduction is to protect children from abduction to foreign states. There are presently approximately 73 countries or territories who are treaty partners with the U.S.  The Hague Convention is civil rather than criminal in nature.

States contracting to the Hague Convention are obliged to take all appropriate measures to implement the objectives of the Convention to secure the prompt return of children wrongfully removed to or retained in any Contracting State and to ensure that rights of custody and access under the law of one Contracting State are effectively respected in other Contracting States.

The Convention does not cover all children who might be victims of abduction.  A threshold inquiry is whether the child who has been abducted or retained is subject to the Convention’s provisions.  For instance the Convention does not apply to children of 16 years of age or older.  The Convention does not provide the exclusive remedies where a child has been abducted to the U.S.  

U.S. laws like the Uniform Child Custody and Jurisdiction and Enforcement Act and the Uniform Child Abduction Prevention Act may offer alternative remedies or apply even where the Convention does not.  For instance the Uniform Child Custody and Jurisdiction and Enforcement Act may apply to a child over the age of 16.  Similarly there are circumstances where the Convention may apply but the Uniform Child Custody and Jurisdiction and Enforcement Act or other U.S. laws do not.

The determination of which legal mechanisms apply and should be used for the return of an abducted child is case specific and should be made as soon as possible with the assistance of an attorney based upon the facts of the case.

 

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.