International Child Abduction

Legal Assistance Concerning International Child Abduction

Child abduction, whether across state lines, or international boundaries, is a tragedy for those involved. Our law firm has assisted many families in these situations. Gary Gottfried was lead counsel in Friedrich v. Friedrich, which is the leading case in the world related to the Hague Convention and International Child Abduction. The Hague Convention applies to the prompt return of children to their country of habitual residence, so long as the two countries involved has signed the Hague Convention. Gary Gottfried is also a published co-author on the topic of international family law.

Experienced With International Family Law Issues:

Hague Convention This is a international treaty available to parents seeking the return of, or access to, their child. As an international treaty, the parents, not the governments, are parties to the legal action. The countries that are party to the Convention have agreed that a child who is habitually resident in one party country, and who has been removed to or retained in another party country in violation of the left-behind parent's custodial rights, shall be promptly returned to the country of habitual residence. The Convention can also help parents exercise visitation rights abroad. The United States has adopted the treaty and enforces it through the International Child Abduction Remedies Act (ICARA)

Uniform Child Custody Jurisdiction Act (UCCJA) This is an act that attempts to address the problems of child litigation between states. The act emphasizes ways to deal with the two great injustices under existing laws: 1- that the person in possession of the child has the tactical advantage of keeping or obtaining custody regardless of the best interest; and 2 – that to obtain that advantage, people will take possession of the child either through guile or ruthlessness. The UCCJA was created to dissuade child snatchers.

Parental Kidnapping Prevention Act (PKPA) Between 25,000 and 100,000 children are victims of interstate child snatchings each year. The PKPA provides that “the appropriate authorities in every State shall enforce according to its terms, and shall not modify… any child custody determination made consistently with the provision of this section by a court of another state.”

To summarize, our family law firm is familiar with the rules, guidelines, laws and treaties related to custody disputes that cross state or international boundaries. If you find yourself in need of legal assistance in this area, we are fully prepared to represent your case vigorously.

Our 24-hour voice mail service (614-297-1211) and fax service (614-297-6387) will receive your call or fax at any time or you may contact us via the Internet.

We are always available to respond to your legal needs and would welcome the opportunity to assist you.