With globalization becoming the way of the world, it is more common than ever for people from different countries to marry and/or have children. When these marriages end in divorce, it can result in a precarious situation for children and parents alike, who are often caught in the midst of a complex matter involving international jurisdictions and the interpretations of foreign laws.
At the law firm of Berg, Debele, DeSmidt & Rabuse, P.A., we remain on the cutting edge of emerging international family law issues and are thought leaders in the area of international child custody. Whether your case crosses state lines or international boundaries, our lawyers will work closely with you to identify your rights and ensure that the best interest of your child is served.
Unfortunately, some parents resort to extralegal measures to hold onto their children. Issues of child abduction are handled according to the Hague Convention on the Civil Aspects of International Child Abduction. The goal of the Hague Convention is to create a legal framework for returning abducted children to the proper jurisdiction as soon as possible, so that these issues can be handled through the courts.
Learn more about the Hague Convention.
Some parents wish to move children away from their home country for family or career reasons. When parents are divorced, this can present complex legal issues, as the relocating parent's wishes must be considered on their merits along with the rights of the other parent and the best interest of the child.
The factors involved in determining whether an international relocation is in the best interest of the child are very similar to the factors considered in a relocation case within the United States. They include:
- The cultural practices and conditions in the foreign country
- Any hardships that the relocation would create for the nonrelocating parent
- Jurisdictional issues, such as whether the foreign country would respect and enforce existing decrees pertaining to visitation or child access
- Whether the foreign country is a signatory to the Hague Convention
- Family or cultural ties to the children (is the move going to place a child closer to family?)
Solutions for Your Out-of-State and International Custody Issues
Interstate and international child custody issues are often highly emotional and heated. If you face a difficult custody matter, you can benefit from the calm approach we take to resolving these issues. We have extensive experience in interstate and international cases, combined with resources in countries around the world to protect the best interests of parents and children in Minneapolis, Minnesota, and beyond.
The first step is speaking to one of our interstate or international child custody attorneys. Contact us today to schedule an appointment.