Custody and international issues


#1

Your best first step would be obtaining a custody order that stipulated your child could not be removed from the jurisdiction without prior written permission from both parents.

When a parent wrongfully removes a child, the other parent has a number of legal solutions to protecting their right to custody. There is a cause of action for abduction as an interference with custodial rights.

The most important law in international child abduction is the Hague Convention on the Civil Aspects of International Child Abduction. This agreement deals with the return of the child and the enforcement of other custodial rights. Your would need to seek the assistance of a lawyer to file with the central authority, which is the State Department


#2

My wife and I are still trying to work things out. That said, she is from Venezuela and, in recent discussions about a potential divorce, she has said on two occasions that she would “take the kids away to Brazil.” Of our two sons, I am am the stepfather to a 7-year old (with no legal rights) and biological father to a 13-month old. As I say, we are trying to work through things, however, we have serious money problems. If I decide to proceed further I would like to have a consultation, however, are there any steps at all I can take to guarantee that she does not try to flee the country with my biological son? Also, what recourse would I have if she did? I am desperate for any limited information which you may be able to provide.