Issues in divorce, custody, and co-parenting can be messy. Some parents will go as far as abducting their child and crossing international borders just to escape the ex-spouse. This act is called “international child abduction” or, simply, international abduction.
International Abduction: Different From Child Trafficking
Now, it is important to differentiate international abduction from child trafficking. In trafficking, the child is lured away or abducted from his/her home by a non-relative, with the intention of exploiting the child for labor or selling the child in a different state or country.
On the other hand, international abduction is committed by a parent or legal guardian. The perpetrator brings the child outside of the country with the intention of evading custody and co-parenting arrangements.
How to Get Your Child Back
If you have legal custody over your child, you have every right to demand the return of your child. If you suspect your ex-partner is about to bring your child away from the country, it’s important to act fast. Time is of the essence in these cases.
- Notify Authorities
First, you must notify local law enforcers right away and provide them with a copy of court orders and other legal documents that can help establish your right to child custody. You can also call the State Department’s Bureau of Consular Affairs on its 24-hour hotline for children’s issues: 1-888-407-4747
Second, contacting the airport police is also necessary. Be sure to have your legal documents ready so you can establish your parental and custody rights. These include the child’s birth certificate, court orders, or restraining orders (if any). Bring pictures of your child as well. Having these documents ready will make it easy for the airport police to track your child and ex-partner or find out which airline they have booked.
- Determine the Location of Your Child
It is more difficult to arrange for your child’s safe return if they have already been taken abroad. You must first know where they went. In most cases of international abduction, the abductor-parent will most likely bring the child to a country where they have an established network or some form of support. It may also be a country where they have properties and other resources.
So, if your ex-partner is a dual citizen or was born outside of the U.S., there’s a high chance that your ex-spouse brought your child to their home country. However, even if your ex-partner is a dual citizen, it doesn’t necessarily mean that they won’t bring your child somewhere else. If your ex has a history of working abroad, it is also possible that they brought the child to that country.
Alternatively, the airport police or the Bureau of Consular Affairs can help locate the destination of your child and ex-partner. They can go through airline schedules and immigration records to detect any activity and confirm the country of destination.
It is important to know which country your child was taken to. This helps officials determine what kind of laws apply to your situation. This will also give you a general sense of the legal steps you must take to get your child back.
Countries co-signatories to The Hague Convention are required to help in cases of international child abduction since the United States is a signatory. Generally, this means you don’t have to obtain a child custody order in a foreign country to arrange your child’s safe return. Countries that are signatories of The Hague Convention include Canada, the United Kingdom, Australia, Russia, Saudi Arabia, and many more.
Tips to Prevent International Abduction
The procedure of arranging the safe return of a child who has been internationally abducted is difficult and distressing. Therefore, it’s best to prevent this from happening in the first place. This is easier said than done. Still, it’s better to take proactive steps to reduce the likelihood of your child being abducted internationally.
- Know If Your Child Is at a High Risk
Some children are at a high risk of being internationally abducted by a parent or guardian. This usually happens among families where either parent is a dual citizen or came from a generation of migrants. Families with a history of staying in different countries and parents with a history of working and living abroad are also factors that increase the risk of international parental abduction.
- Watch Out for Red Flags
Aside from knowing whether your child is at risk of international parental abduction, it’s also important to watch out for warning signs. If your ex-partner has a history of being abusive and manipulative, it is highly likely that he or she will try to defy a legal custody order. Likewise, if your ex-partner has the resources and financial capability to travel abroad, there is always a possibility that they will try to take your child away.
Additionally, you have to be aware of any major changes in your ex-partner’s life. These include quitting their job, moving residences, or cutting off credit card bills and other financial responsibilities. These acts indicate that your ex-partner might be planning to move away and take the child with him.
You also have to be aware of your child’s behavior and responses. If your child is suddenly saying that the other parent wants them to go on vacations or stay at hotels, and your ex-partner did not discuss any such plans with you, that is a red flag.
- Train and Equip Your Child for These Situations
If your child is old enough to understand the situation of your family, you must fully explain to them how your custody and co-parenting arrangement works. They must know that your ex-partner has no right to take them to a different state and, more so, a foreign country without your knowledge and consent. If possible, allow them to bring a phone or security device that they can use to alert you of their whereabouts.
- Save Emergency Contacts
Contacting the authorities as soon as possible is essential in cases of international child abduction. There is a higher chance of stopping the abduction if you can alert the proper authorities of the situation. So, save the hotline numbers of your local law enforcers, airport police, and the Bureau of Consular Affairs. Keeping your family lawyer in touch is also a great course of action.
- Secure Your Rights
Make sure you have a court-approved custody order or co-parenting plan with your ex-partner. That way, you can establish and assert your rights in case your child is at risk of international abduction.
If you don’t fully trust your ex to follow a shared custody order, you might want to request supervised child visitations instead. This is a safer arrangement if your ex has a history of being abusive or has proven to be a compulsive liar many times before. Or if your ex-partner has family living in another country, supervised visitations might make you feel more at ease.
Have a Family Law Attorney Within Reach
If you want to fully understand your rights under state laws and international laws in cases of international child abduction, it’s best to consult a family law attorney who can explain and help you navigate any potential legal issues that could arise. With the help of an experienced family law attorney, you can feel secure and have a clear understanding of the course of action to take.
A family law attorney can also help you determine if your child is at risk of international abduction. In addition, they can help you set up preventive measures that can help you avoid similar situations. Speak with an experienced family law attorney at The Law Office of Chad Zubi to understand your rights and create a solid plan to protect your child from international abduction.
