Custody Lawyer In NYC – International Travel With Child, Should I Allow It?
Many parents who negotiate custody stipulations with regard to parenting time, specifically parenting time during school breaks, are faced with the question of international travel. Specifically, will you allow your child to travel internationally with their other parent? If so, which countries will you let your child travel to?
You may have heard of the Hague Convention, and that certain countries are signatories to it. This means that you have a way to serve papers on someone who is in a country that is a signatory to the Hague Convention. A custody lawyer in NYC may inform you that Hague Countries are okay to visit with your child, or to allow your child’s other parent to visit with them, because if your child is not returned, you can start a lawsuit so your child will be returned to the United States.
If you and your child’s parent, and your child are all citizens of the United States and no other country, it is a safe bet that if the other parent does not return to the United States, you will be able to start a case under the Hague Convention and your child could be returned to the United States.
Unfortunately, several countries have either a constitutional or legislative law stating that they will not extradite their citizens to another county under any circumstances. This includes if they refuse to return to this United States with your child. Therefore, if your child’s other parent (and/or your child) is also a citizen of the country they are visiting, it could be hard to compel their return to the United States.
The most important thing you can do is have a custody lawyer in NYC you trust help you negotiate your custody agreement to ensure it is in your child’s best interests. Please reach out if you have any questions, or if you require legal assistance.
