Chicago International Family Law/Hague Convention Lawyer
Divorce often brings out the worst in people. A spouse looking to get revenge on the other party may engage in vile and even illegal acts, such as kidnapping. If your spouse is originally from another country, they may try to take your child to a foreign country.
This is called international child abduction and it’s a scary situation. What happens next? Will you ever see your child again? If you live in the United States and your child has been taken out of the country, you may feel that you have no options. Even if you have a custody order, you may find it difficult to get the foreign courts to recognize that right.
The good news is that there are international laws that can help. However, in order to exercise these rights, you need to act quickly. Contact a Chicago international family law/Hague Convention lawyer from Birnbaum Gelfman Sharma & Arnoux, LLC today. We can help you work with the State Department as well as applicable foreign authorities to quickly locate your child and bring them home.
What is the Hague Convention?
One of the most litigated issues in a divorce case is child custody. Child custody cases can be complex, especially if one parent is originally from another country. In a contentious divorce case, one parent may decide to abduct their child and move them back to that foreign country. The other parent then has to deal with international family laws to get their child back. One law they will have to deal with is the Hague Convention.
The Hague Convention refers to a treaty between various countries that guarantees the recognition of child custody orders. It is in place to help protect kids from international abductions. The Hague Convention has been adopted by more than 90 countries across the world. The United States has signed the treaty, along with most European countries and some countries in South America, the Middle East, and Africa.
These member countries agree to:
- Enforce the terms of a child custody agreement.
- Secure children who have been wrongfully removed from their country by a parent.
- Surrender a child to the other parent’s custody.
However, if your child was taken to a non-Hague Convention country, such as Russia or China, things get more complicated. You may need to deal with that country’s legal system directly. Your attorney can work with foreign counsel to fight for your child in the country’s courts.
Contact Birnbaum Gelfman Sharma & Arnoux, LLC Today
If your child was taken outside of the United States due to a divorce or other legal issue, you need to act quickly. You need the right legal help on your side to get your child home safely.
Contact Birnbaum Gelfman Sharma & Arnoux, LLC right away to get started on your case. We’ll work with the foreign countries to protect your child and bring them home. Fill out the online form or call (312) 863-2800 to schedule a consultation with a Chicago international family law/Hague Convention lawyer.