International Parental Child Abductions: What Chicago Parents Should Know about the International Hague Convention on the Civil Aspects of International Child Abduction
One of the worst things that a Chicago parent can likely imagine in the midst of or after a heated child custody case is that the non-custodial parent has taken off with their child overseas. Indeed, once a child is taken over international borders to another country, the chances of getting the child back safely to the child’s custodial parent are not certain, and many factors make the safe return of a parental child abduction challenging and complex. One of the laws that helps Chicago parents get their child safely back from being abducted overseas by their non-custodial parent is called the International Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). But how exactly does this international treaty work, and where can Chicago parents turn if they need immediate assistance safely recovering a child from a parental child abduction? To help Chicago parents better understand this important international law, we discuss three things Chicago parents should know about the Hague Convention here.
#1. The Hague Convention and Its Focus: Child Return, but Not Child Custody
The first thing that Chicago parents should know about the Hague Convention is that its goal is not to make child custody determinations – that is, who the child should live with and who will make important life decisions on behalf of the child – but, rather, the Hague Convention’s goal is to get children who have been wrongfully abducted to another country safely returned to their home country. In sum, while the Hague Convention recognizes child custody orders from signatory countries, it does not make new child custody determinations.
#2. The Hague Convention Does Not Apply Everywhere
Next, Chicago parents should know that the Hague Convention only applies between countries that have signed and that are participants of the Convention. This means that the Hague Convention will apply to a Chicago parental child abduction if the country where the child was wrongfully taken is also a signatory and participant. Over 100 countries are parties to the Hague Convention, but it is best to speak with an experienced Chicago International Family Law Hague Convention lawyer about your particular case and the countries involved.
#3. Do Not Wait – Timing Is Critical When It Comes to Safe Recovery
Not only do parents have the best chance of success getting their child back safely from overseas if they act quickly, but certain time limitations apply if you seek an order from a court under the Hague Convention. Accordingly, it is best to act quickly and to not delay in pursuing the safe recovery of your child.
Finding a Lawyer in Chicago for Your International Parental Child Abduction Case
If you are in the Chicago area and you need assistance with safely recovering your child from an international child abduction, contact the experienced Chicago international family law Hague Convention lawyers at the law firm Arnoux Sharma Standeford, LLC. The experienced Chicago international family law Hague Convention lawyers at the law firm Arnoux Sharma Standeford, LLC are here to help Chicago parents with the safe recovery of their children. Contact Chicago international family law Hague Convention lawyers at the law firm Arnoux Sharma Standeford, LLC and speak to a lawyer about your case now.
