International child custody disputes are the most challenging cases for both parents and legal professionals. When a parent moves or attempts to move a child across international borders, the legal complexities increase. Understanding the legal framework surrounding international custody disputes is essential for achieving the best outcome for your family. Our goal is to help parents make informed decisions and protect their parental rights in these cases. The following sections will provide insight into the relevant Illinois and federal custody laws, as well as the international treaties that often come into play.
Illinois Custody Laws And International Disputes
In Illinois, child custody matters are governed primarily by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). When it comes to international child custody disputes, this act guides how courts should determine parental responsibilities, decision-making, and parenting time. Courts in Illinois always prioritize the best interests of the child when determining custody matters, including in cases where one parent is living or plans to live abroad. Relevant factors include the wishes of the child, the child’s adjustment to home, school, and community, and the ability of both parents to cooperate in making decisions.
When dealing with an international dispute, Illinois courts may also refer to the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), which governs jurisdictional issues in custody cases. The UCCJEA helps determine which state—or country—has the legal authority to make custody decisions. In general, Illinois courts will have jurisdiction if Illinois is the child’s “home state,” meaning the child has lived in Illinois for at least six consecutive months before the custody dispute.
Federal Laws Impacting International Custody Disputes
Federal laws play a role in international child custody disputes. The key international law involved in these cases is the International Parental Kidnapping Crime Act (IPKCA). The International Parental Kidnapping Crime Act makes it a crime for a parent to remove a child from the United States or to retain a child outside the country with the intent of obstructing the lawful exercise of parental rights.
Additionally, the Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that the United States, including Illinois, follows. The Hague Convention aims to protect children from international abduction by a parent and provides a legal process for their prompt return to their home country. If your child has been wrongfully removed from the U.S. or retained in another country, we can assist you in pursuing a Hague Convention claim to secure their return.
Considerations In International Custody Cases
When it comes to international child custody disputes, several important considerations arise:
- Jurisdiction – Determining which country or state has the authority to make decisions about custody is often one of the first issues to address. Under the UCCJEA and the Hague Convention, courts may look at where the child has established a significant connection or where the child has been living.
- Parental Rights – Both federal and Illinois laws protect the rights of both parents. However, international disputes can complicate these rights. Our firm often handles cases where one parent claims that the other is trying to interfere with their relationship with the child. In such cases, Illinois courts are tasked with enforcing agreements or court orders that preserve both parents’ rights.
- Enforcement of Custody Orders – Even if a custody order is established in Illinois, enforcing that order in another country may require the cooperation of foreign courts. The Hague Convention facilitates this enforcement, but not all countries are signatories. In cases involving non-Hague countries, securing the return of a child or enforcing a custody order becomes more challenging.
- Relocation – If one parent wishes to move abroad with the child, Illinois law requires that the parent seek court approval in the absence of an agreement. The court will again consider the best interests of the child, including the potential benefits and detriments of the move.
FAQs About International Child Custody Disputes
Which Court Has Jurisdiction Over My International Custody Case?
Jurisdiction in international custody cases typically depends on where the child has been living for the past six months. Under the UCCJEA, Illinois courts will likely have jurisdiction if the child has been residing in Illinois. If your child has been living in another country for an extended period, courts in that country may have jurisdiction.
How Does The Hague Convention Protect My Parental Rights?
The Hague Convention seeks to protect children from abduction by providing a legal process for returning them to their home country. If your child has been wrongfully removed to another country that is a party to the Hague Convention, you can file a petition to have the child returned.
Can I Move To Another Country With My Child If I Have Custody?
Even if you have primary custody, Illinois law requires that you obtain court approval before relocating with the child. The court will evaluate whether the move is in the child’s best interests, considering factors such as the impact on the child’s relationship with the other parent and the child’s overall well-being.
How Are Custody Orders Enforced In International Cases?
Enforcing a custody order in another country can be difficult, especially if the other country is not a party to the Hague Convention. In cases where the country is a signatory, the convention provides a process for recognizing and enforcing U.S. custody orders.
Call Our International Child Custody Lawyer in Chicago For Dedicated Representation
If you are facing an international child custody dispute, the legal team at Michael C. Craven is here to help you protect your rights and the well-being of your child. We provide the guidance and advocacy you need during this challenging time. Contact our international child custody lawyer in Chicago by calling (312) 621-5234 to schedule a consultation. We represent clients throughout the city of Chicago, Illinois and surrounding areas, and can help you find the best resolution for your family.
