INTERNATIONAL CUSTODY CENTER PDF Print E-mail

We serve as Local Counsel as well as providing Global representation, with the assistance of local counsel, on international custody matters concerning the Hague Convention.


International Custody cases are the most involved of all domestic relations issues.  Whether you are seeking the return of an abducted child, or defending your rights against a wrongfully filed petition for the return of a child, The Law offices of Richard W. Landoll can assist you through this difficult process.   The laws governing this process place short time limits to assert and protect your, and your children’s, rights.  It is important to act swiftly and decisively. 

 
Frequently Asked Questions:

What Is The Hague Convention?

The Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention") is an international treaty that was developed by the participants of the Hague Conference on Private International Law.  The Hague Convention was developed in order to provide a method to facilitate the return of a child wrongfully taken from one signatory nation to another.  To read the full text of the Hague Convention, click here.

 

What Is The International Child Abduction Remedies Act? (ICARA)

The United States Congress implemented the terms of the Hague Convention through the passing of certain legislation titled the The International Child Abduction Remedies Act (ICARA).  The provisions of ICARA contain the procedures for maintaining actions brought in the United States seeking relief under the Hague Convention. 
To read the full text of ICARA, click here.


When Does The Hague Convention Apply? 

There are three basic conditions which must be met in order for the Hague Convention to apply:

     1.  The child is under 16 years of age;

     2.  Both the country to where the child was taken or retained and the country of the child's habitual residence must have acceded (agreed to or signed) the Hague Convention; and

     3.  The child has been wrongfully removed or retained in violation of custody rights set forth by the country where the child habitually resides.

Issues of whether the child has been "wrongfully removed or retained", "habitual residence" and "rights of custody" are not always so clear and can lead to extensive litigation.  You should consult competent counsel regarding whether the Hague Convention applies to your situation.


Which Countries Follow The Hague Convention?

Although the following countries have signed or acceded to the Hague Convention and partner with the United States, the degree to which each country complies with the terms of the Hague Convention varies greatly from one country to the next. 


Argentina, Austrialia, Austria, The Bahamas, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Canada, Chile, China (Hong Kong and Macau only), Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Republic of Macedonia, Malta, Mauritis, Mexico, Monaco, Montenegro, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, San marino, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Turkey, Ukraine, United Kingdom (including Bermuda, Cayman Islands, Falkland Islands, Isle of Man, Montserrat), Uruguay, Venezuela, Zimbabwe.  (Source:  U.S. Department of State)

 

What Do I Need To Do To Start The Process For The Return Of My Child?

 Please contact our office as soon possible.  A great deal of documentation and information will need to be gathered. For a listing of this information, click here: Documentation Needed to Begin International Custody Case 


We look forward to speaking with you regarding your international custody case.  Please call The Law Office of Richard W. Landoll to schedule and appointment.

 

 

 
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