This Global Atlanta Studio article was written by Bill King, partner and managing attorney at The Manely Firm, P.C.
When one spouse is from the United States and the other from a different country, their families can face a host of unique legal challenges when it comes to divorce, financial disputes and, especially, the custody of children.
Because of the complexity of international family law, cross-border couples should be prepared by having legal plans in place for even the unthinkable – child abduction.
International child abduction – when one parent takes a child across international borders without the other parent’s consent or wrongfully retains a child in a foreign country – is one of the most pressing concerns in international family law.
But families can prevent or manage these situations with the right legal planning.
Key Agreements for Protecting Children
International child abduction cases are governed by treaties like the Hague Convention on the Civil Aspects of International Child Abduction, which is designed to return abducted children promptly to their home country. However, not all countries are signatories, and even among those that are, enforcement can vary widely.
It’s a smart practice for couples with international ties to have clear legal understanding and agreements in place that include custody and travel that can help protect both parents and children in the event of a separation.
Couples from different countries should consider addressing potential custody issues before marriage. Even in the early stages of a relationship, it’s wise to discuss how custody might be shared and what steps would be taken in case of separation or divorce.
Couples from different countries should consider addressing potential custody issues before marriage.
Bill KING, THE MANELY FIRM
When one parent is an expatriate who resides outside of their home country, the couple should discuss and agree on where their children will live, how custody will be shared and under what circumstances international travel is permitted.
Documents to Carry When Traveling Internationally
When traveling internationally with children, especially if one spouse is not a U.S. citizen, we advise parents to always carry proper documentation to prevent complications at border crossings or in the event of an emergency.
Parents should carry copies of court orders regarding custody and any agreements on travel, as well as passports, birth certificates and any necessary visas for the children.
If the children are not U.S. citizens, the requirements may differ depending on their citizenship and the countries they are traveling to. It’s essential to research these requirements ahead of time to avoid legal complications.
Preventing International Child Abduction
One of the most effective steps a parent can take to prevent abduction is to establish clear legal rights over the child. We recommend obtaining formal custody orders that are enforceable in both the U.S. and the spouse’s home country. These orders should specify travel restrictions and outline what is required for a parent to travel internationally with the child.
In the U.S., parents can also take preventative measures like adding a child to the Children’s Passport Issuance Alert Program. This program notifies parents if the other parent attempts to apply for a passport for the child, potentially preventing unauthorized international travel.
Open communication between parents and proactive legal planning can help prevent tragic situations. If both parents are in agreement and understand their legal obligations, they can minimize the risk of abduction.
We advise couples to seek legal guidance to create agreements that protect everyone involved, particularly the children. We encourage them to think of these agreements not as documents that govern their separation but as protections that secure their relationship – and the well-being of their children.
For more information on international family law, preventing child abduction or handling a family-related legal matter, contact The Manely Firm in Atlanta.