Williams Divorce and Family Law
Minnesota and International Child Custody and Support
- What if the other parent of my child resides in a country other than the United States?
- If one parent travels internationally with a child without the other parent, is it required that the non-traveling parent provide consent?
- What is the Hague Convention on Civil Aspects of International Child Abduction?
What if the other parent of my child resides in a country other than the United States?
It is important for clients who are parties to a divorce or child custody case involving more than one nation to be properly advised about the court's jurisdiction under these circumstances. These cases involve court hearings, but often also involve contacts with embassies, peace officers, the National Center for Missing and Exploited Children and the Department of State. Gerald O. Williams has significant experience in providing representation in such cases, involving jurisdictional issues, and court proceedings, including those under the Hague Convention, to prevent losing custody of, or access to, your child and/or to ensure your child’s safety.
If one parent travels internationally with a child without the other parent, is it required that the non-traveling parent provide consent?
When crossing international borders, the traveling parent may be required to provide written proof of the non-traveling parent's consent to the child's international travel. See, Northwest Airlines, for more information.
What is the Hague Convention on Civil Aspects of International Child Abduction?
It is a treaty among many nations that operates to return a child to his or her home country when one parent takes the child to another country unilaterally. If a nation is a signatory to the Hague Convention, the court applies the provisions of the Convention to determine whether the child is to be returned to the home country, or whether there is a basis to allow the child to stay. For example, the court will allow the child to stay (and not to return to home) if home poses a grave risk of danger to the child, if doing so violates fundamental principles of human rights or if the home parent is found to have acquiesced to the child's departure.