International custody disputes often involve two separate legal frameworks: the Hague Convention and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The Hague Convention focuses on returning children to their country of habitual residence when they have been wrongfully removed or retained.
The UCCJEA determines which U.S. state has jurisdiction to issue or modify custody orders. When a child is taken from one U.S. state to another, the UCCJEA generally governs the dispute. When a child is taken across international borders between Hague Convention
countries, the Hague Convention may apply. Understanding the interaction between these two systems is essential in cross-border
custody disputes.
International Family Lawyer New York | Hague Convention & UCCJEA Attorney | Elena Giannattasio