By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Barbados is not a signatory to the HAGUE Convention on the Civil Aspects of International Child Abduction. As a result, the Convention’s return mechanisms and expedited procedures are not available in cases involving the removal or retention of a child in Barbados.
This distinction is critical. Parents should not assume that a child wrongfully taken to or wrongfully withheld in Barbados can be returned through Hague Convention proceedings.
Recognition of Foreign Custody Orders
Barbadian courts do not automatically recognize or enforce foreign custody orders, with limited exceptions. Orders issued by courts in the United Kingdom and certain Canadian provinces may receive recognition, but custody determinations from other jurisdictions, including the United States, are not binding as a matter of course.
Instead, foreign orders are treated as one factor among many when Barbadian courts assess custody-related disputes.
Best Interests of the Child Standard
Allegations of international child abduction involving Barbados are evaluated under the best interests of the child standard as applied by the local courts. This discretionary analysis allows the court to consider a wide range of factors, rather than focusing on the legality of the child’s removal under foreign law.
For left-behind parents, this means outcomes can differ substantially from those expected under Hague Convention frameworks, and early strategic action is essential.
Strategic, Cross-Border Guidance
Multi-Jurisdictional Divorce, PLLC, works in coordination with experienced counsel in Barbados to advise clients on international child custody, relocation, and abduction matters involving Barbadian law. While attorney Elena is not Barbadian lawyer, her role is to integrate local legal advice into a cohesive, cross-border strategy that prioritizes clarity, enforceability, and the protection of children. If Barbados is part of your family law matter, let’s talk about your options.