International travel can create serious custody concerns when one parent may not return a child to the United States. The situation can become especially complicated when the destination country does not have an applicable international agreement with the United States for returning abducted children. Fortunately, California courts can impose measures intended to reduce this risk before the child leaves the country.
How Hague and non-Hague cases differ
The Hague Convention is an international treaty that provides a legal process for seeking the return of children who are wrongfully removed from or retained outside their country of habitual residence. For its return procedures to apply in a case involving the United States, the Convention generally must be in force between the United States and the other country.
When the Convention does not apply, recovering a child may depend more heavily on the laws and court procedures of the country where the child was taken. A foreign court may also treat a California custody order differently under its own laws. These uncertainties can make preventing a possible international abduction particularly important.
How California courts can address abduction risks
California courts can take precautions when there are signs that a parent may take a child abroad and fail to return. The protections a judge considers will depend on the circumstances of the custody case. Available measures may include:
- Requiring a corresponding foreign order: A parent may need to obtain an equivalent custody order in the destination country before traveling with the child.
- Requiring a bond: The traveling parent may need to post a bond that can help cover recovery costs if an abduction occurs.
- Restricting passports and travel documents: A judge may order certain travel documents to be turned over and place limits on obtaining another passport for the child.
These measures can address different concerns related to international travel and custody. The court will determine which restrictions, if any, are appropriate based on the facts presented.
Taking action before international travel
If there are signs that a parent may take a child abroad and not return, addressing the risk before travel can provide more legal options. An attorney familiar with international custody matters can assess the situation and help request appropriate court protections.
