Many families no longer have a permanent residence and may own property and businesses in different states, provinces, or countries. Likewise, interstate and international marriages and relationships are becoming more and more common. While the model of the modern family is rapidly becoming more globalized, family laws around the world remain interwoven with local culture, religion, and history. As a result, decisions about which state or country's laws apply to an interstate or international marital dissolution, custody or support matter can be not only complex, but also significantly impact the outcome of a legal proceeding. Walling, Berg & Debele, P.A., represents clients both nationally and globally. We are experienced in interstate and international family law matters and can guide you through the intricate process of determining which law applies and how it will affect the outcome of your legal proceeding.
Laws that may affect interstate or international family law matters include:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA is a law that governs both interstate and international child custody. Its purpose is to determine in which state or country (jurisdiction) a child custody proceeding will take place. A state must consider the factors set forth in the UCCJEA in deciding whether it, or another state, has jurisdiction.
Uniform Interstate Family Support Act (UIFSA)
The UIFSA is a law meant to provide ease in enforcing and collecting both child and spousal support (alimony) across state and international borders. While enforcing and collecting support is made easier by the UIFSA, issues often arise in the context of an interstate or international family law proceeding that require specialized knowledge of this law.
Parental Kidnapping Prevention Act (PKPA)
The PKPA is a federal law that provides requirements for how states must enforce interstate child custody determinations. It prohibits a state from taking jurisdiction of a child custody proceeding that was commenced while another child custody proceeding involving the same children and parents is pending in another state.
Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention)
The Hague Convention is a treaty the United States has entered into with several other countries. When a family is involved in an international child custody dispute, the Hague Convention will apply if both countries are parties to the treaty. The Hague Convention was designed to protect children from being wrongfully removed across international borders by providing an international procedure for the children's prompt return to their country of "habitual residence."
The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption (Hague Adoption Convention)
The Hague Adoption Convention is an international agreement that applies to all adoptions between the United States and other countries that have joined this agreement.
