- INTERNATIONAL CHILD CUSTODY / VISITATIONS
“International child custody cases—especially those involving countries that are signatories to the Hague Convention—can be complex and often involve simultaneous legal proceedings in multiple jurisdictions. This results in numerous logistical and legal challenges, including coordination between two sets of attorneys, the use of interpreters, and significant financial costs. In the U.S., for example, a California family court can only assert jurisdiction if at least one party is a legal resident of the state. When children reside outside the U.S., domestic courts generally defer to the courts in the child’s country of habitual residence to determine custody matters. Under the Hague Convention on the Civil Aspects of International Child Abduction, the focus is on returning wrongfully removed or retained children to their habitual residence so that custody decisions can be made by the appropriate jurisdiction.”
— Elena Giannattasio | Founder, Multi-Jurisdictional Divorce
When a parent wishes to move a child who currently resides in the United States to another country, legal considerations become critical—especially if the move is permanent. Whether or not court approval is necessary depends heavily on the presence or absence of the other parent’s consent and the custody situation. Below are the two main scenarios that determine whether relocation is permissible and what legal steps must be taken.
If the non-relocating parent gives permission for the child to move abroad, the process is generally more straightforward. However, the following conditions should be met:
Note: Consent can be retracted at any point before the child has actually moved. If the other parent withdraws their consent before the relocation occurs, it becomes invalid, and relocation should not proceed without a court’s authorization.
Relocating a child internationally without the other parent’s permission is legally risky and potentially criminal unless one of the following applies:
Attempting to relocate a child without meeting these criteria can lead to serious legal consequences:
Federal Criminal Liability
Under the International Parental Kidnapping Crime Act, it is a federal offense to remove or attempt to remove a child from the United States intending to interfere with another parent’s legal parental rights. This includes both custodial and visitation rights, whether granted by law, court order, or agreement. Even a parent with sole custody can face felony charges for taking a child abroad without proper authorization. The crime is punishable by up to three years in prison or a substantial fine. A valid court order under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)may serve as a legal defense, but only if the order explicitly grants the relocating parent the right to move the child internationally.
Anyone assisting in the unauthorized removal of the child can also face criminal charges for aiding and abetting.
State Criminal Law
Each U.S. state has its own laws against parental abduction. For example, New York law considers it a second-degree offense when a parent, knowing they lack the legal right, takes a child from the lawful custodian intending to keep the child for an extended period. If the parent’s intent includes removing the child from the state permanently, the charge escalates to first-degree custodial interference.
Risk of International Consequences
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If the destination country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, the left-behind parent can initiate a petition under the treaty. This often results in a quick court hearing in the foreign country, which may issue an order for the child’s immediate return to the United States—unless the relocating parent can prove one of the few narrowly defined exceptions.
Once the child is back in the U.S., courts often restrict the relocating parent’s ability to travel internationally with the child in the future due to the previous violation.
In some countries, U.S. custody orders may be enforced through either a registration process (similar to the UCCJEA) or through a full custody proceeding under local laws.
A parent who illegally removes a child may also face a civil lawsuit, including claims for emotional distress and other damages brought by the left-behind parent.
Relocating a child internationally is a complex legal issue that requires careful planning, and often, judicial approval—especially when the other parent does not agree. Attempting to do so without proper legal steps may result in severe legal consequences both domestically and internationally. It is strongly advised that any parent considering such a move consult with a family law attorney to ensure full compliance with all legal requirements.
Relocating a child to another country involves significant legal challenges, including jurisdictional issues, consent requirements, and potential Hague Convention implications. Moving a child internationally without the correct legal process can trigger severe penalties and jeopardize parental rights in multiple jurisdictions. Before pursuing any international relocation, it is essential to seek guidance from an international family lawyer who can navigate the cross-border rules, assess risks, and ensure every step complies with domestic and international law.
Relocating a child to another country involves significant legal challenges, including jurisdictional issues, consent requirements, and potential Hague Convention implications. Moving a child internationally without the correct legal process can trigger severe penalties and jeopardize parental rights in multiple jurisdictions. Before pursuing any international relocation, it is essential to seek guidance from an international family lawyer who can navigate the cross-border rules, assess risks, and ensure every step complies with domestic and international law.
