Arguing over child custody matters is something that occurs often when a relationship ends. You may have gone to court to secure orders about custody and determine all the details already in a California court. However, if your child’s other parent is from a foreign country and he or she decides to take your child out of the U.S., you may wonder if you have any protection for your parental rights. This is where the Hauge Convention applies to your situation.
According to the U.S. Department of State, the Hague Convention helps to protect your child’s rights in the event his or her parent takes him or her out of the country and to a foreign country that is part of the Convention. The main idea is that a child has the right for his or her case to be heard in the court in his or her home jurisdiction.
The Convention gives you the ability to state your case in a court in another country. U.S. laws do not apply in a foreign country, but since you have the Hague Convention to refer to, you are working within the laws of that foreign country.
Furthermore, the Convention makes it clear what a court should do and how to handle your case. You also will not have to appear physically in court, which can help make the situation easier.
You need to file a Hauge application to start the process of evoking your rights under the Convention. This information is for education and is not for legal advice.