What if your spouse were to take your child out of the country and not tell you where? What would your first steps be? How would you react in a way that was geared towards the safe return of your child? These are unpleasant questions to ask yourself. However, the best time to ask them is before an abduction incident occurs. This is what we will be covering in today’s blog post from the Law Office of Bryan Fagan. There are options under the law to help you retrieve your child. Understanding those options is the key to being able to take advantage of them.
International parental child abduction explained
The removal of your child from the United States is what we mean by international child abduction. A parent removes their child from the United States and chooses to keep him in a foreign country. This is a serious matter. It violates the conservatorship rights that you have to your child. The rights and duties you have concerning your child are known as conservatorship rights. This is the legal term you would find in the Texas Family Code.
The federal government has a Department of State which works to prevent international child abduction. They are known as The Office of Children’s Issues. The primary law utilized by nations around the world regarding international child abduction is the Hague Abduction Convention. The Hague Abduction Convention is an international treaty that protects children from international abduction by a parent. The basis for this treaty is that courts in the child’s residential country should determine child custody and possession issues.
Not every country will honor court orders from the United States. Just as the United States will not honor court orders from every other country. Countries that have adopted this treaty will be shown preference. However, circumstances and family law cases are taken on a case-by-case basis. The legal system in the United States cannot interfere with the legal system in a foreign country.
Working alongside a family law attorney
Working with an experienced family law attorney is an important one when it comes to international child abduction cases. There are several factors to bear in mind as you attempt to work through the difficult and emotionally challenging situation you find yourself in. Attorneys can help you work towards more amicable solutions to your problems. The bottom line is that you want your child home as quickly as possible. An attorney is uniquely equipped to help you do just that.
International child abduction cases are such that you do not want to find yourself waiting around. You need to be able to take concerted action to avoid the worst outcomes of an abduction case. The longer it takes for you to develop a plan in this type of case the worse the outcome tends to be. Therefore, working with an attorney who has been down this road before is a tremendous advantage to have.
Contact the Law Office of Bryan Fagan today
The attorneys with the Law Office of Bryan Fagan are here for you and your family. We have been fortunate enough to serve families we have gone through international child abduction cases. The level of experience we possess has always been geared toward helping families like yours achieve the most favorable results. A free-of-charge consultation with one of our attorneys can help your family achieve peace of mind and tangible results in an unpleasant and scary situation.
A parent must apply for help under the Hague Convention. There is an application which can be filled out online. However, this is a spend some time complicated application to fill out. It is easy to make mistakes and overlook parts of the application. The more delays you experience in the case the greater the likelihood that problems will be encountered for you and your child. Talking with an attorney from our office can help you to complete this application promptly.
How can you prevent an international child abduction?
This is a question that swirls around the minds of many parents in this situation. As they say, an ounce of cure is worth a pound of prevention. Even if you cannot completely cure the situation there is still a lot of good in preventing the worst effects of an abduction from occurring.
Any law enforcement body with whom you are working should have a copy of court orders like child custody orders and divorce decrees. Additional types of legal documents which may be of assistance include protective orders and police reports. Make sure to share contact information for any attorney you are working with or any law enforcement personnel in your area who have been assisting you.
Above all else, do not hesitate to contact law enforcement. This includes reaching out to your local Police Department and talking to them about any court orders that you have against your spouse or co-parent. There are databases on a federal level that allow your child’s name to be listed among those children who have been abducted. Make sure to request specific information from people that you work with during this process. That includes their full name and contact information.
Obtaining a court order in a child abduction scenario
Your position gains strength once you have obtained a court order in Texas. The sooner, the better when it comes to doing so. If you are married this would be a suit for divorce. If you are unmarried to your co-parent then this would be a suit affecting the parent-child relationship. There are forms online that you can use. However, based on the circumstances and the need to make correct decisions quickly it is advisable to work with an experienced family law attorney to help facilitate this process.
A court order from Texas can help to prevent a child abduction scenario from playing out. Anything that is contained in a temporary restraining order, an emergency protective order, or other document would allow the court to be able to effectively manage the patient of your child. In some cases, law enforcement does not have the authority to act until a court order is obtained. Something as basic as a court order that prohibits your child from being removed from the country or even traveling outside is a protection worth looking into.
You know your circumstances better than anyone. If you believe that your spouse or co-parent would consider abducting your child from the United States, then the time to act is now. Do not wait when it comes to issues related to the well-being of your child. Rather, choose to file a child custody or divorce case. Then, immediately consider what protections need to be included to prevent the removal of your child from the United States.
The importance of standing orders
Some counties in Texas have standing orders that go into place once a family law case is filed. Standing orders are general prohibitions that apply to all child custody cases filed in that county. They are not specific to your situation. Therefore, you should consider adding limitations or restrictions to the standing orders once you file your case. Typically, you can request emergency temporary orders along with your child custody or divorce case.
Consider the needs of your family when creating these personalized orders
However, keep in mind that a standing order serves a specific purpose within the case. It immediately prevents your co-parent from removing your child from outside the court’s jurisdiction. This not only prevents an international abduction situation but also a circumstance where your child may be removed to another state. Adding teeth to these orders is what a family law case is all about.
Modifying a Child Custody Order
If the child abduction circumstance has come into play during your case, then you should consider changing the existing orders. The temporary orders in a case are a good start but they must be updated from time to time as circumstances change. This is exactly what we have in mind when an international child abduction situation arises. This is something that is not normally included in temporary orders.
Once you become aware of a situation involving international child abduction then you should bring that to the attention of your attorney. A modification is allowable under Texas law when two elements are present. First, you need to show that the proposed modification is in the best interests of your child. Second, you need to be able to show that the proposed change is based on a material and substantial change in circumstances. That change must be experienced by you, your child, or your co-parent.
Presenting evidence of an international child abduction that has or is likely to occur would likely count as a material and substantial change in circumstances. Placing limitations on where your co-parent may take your child is a good start. A bar on international or plane travel is another good way to go about limiting the opportunities for your co-parent to abduct your child. You can contact any airline you suspect that your co-parent will attempt to use to provide them with your child’s name.
What are your rights concerning your child?
Refer to any existing court order to learn what your rights and duties are as a parent. These will clearly and specifically lay out for you what rights you have concerning your child. Look through the court order carefully. Do not take for granted any line or items in the orders. The better you know your court orders the more effective you are at defending yourself and your child. Any questions you have about your rights should be offered to an attorney who practices in the family.
You have likely been named as a joint managing conservator of your child. This means that you and your co-parent share parental rights and duties. This is typically a good thing for families. The presumption in Texas is that it is in your child’s best interest for you and your co-parent to share decision-making authority. In many cases a child benefits when the dual perspectives of their parents are shared. This leads to better collaboration and communication on the issues most important to the child.
However, in a circumstance involving your children and international abduction, you want to limit your co-parent’s ability to make decisions on behalf of your child. A single decision to step on a plane for a foreign country can forever alter the course of your relationship with your child. Therefore, whatever you can do to limit the decision-making ability of your co-parent in a situation like this is advisable.
Tailoring your child custody orders to help prevent international abduction
All of this is an effort to be able to create court orders that are specifically tailored to help you avoid a child custody dispute. In truth, it is the understatement of the century to call an international child abduction a child custody dispute. This situation goes far beyond a child custody dispute. You need to start thinking about how to create court orders that are based on the very real and specific needs of your family at this moment.
A Texas family court should include in your temporary or final orders that your child’s residence is in Texas and the United States. This is important to include given the possibility that your co-parent may try and convince people that another state or nation is the home of your child. Additionally, you should petition the court to include a provision stating that evidence has been presented that shows that your child is at risk of being abducted internationally. Whatever the circumstances are surrounding that belief needs to be included.
Additionally, orders that relate to the history of your co-parent trying to withdraw your child from this country need to be included, as well. That this occurred in violation of your conservatorship rights is it detail that should not be left out. Be as specific as possible with the notations about how your co-parent has attempted to remove your child from the country. If it was attempted by car or by plane that needs to be specified.
Employment considerations
If your co-parent does not live or work in the United States then that should be included in the order. This would tend to show that your co-parent has less of a motivation to try and remain in the United States compared to any other country. Essentially, any circumstance that would make it more plausible that you’re co-arent would try and remove your child from the country needs to be included.
What to look for to prevent an international child abduction
You have a role to play when it comes to investigating potential acts of international child abduction. It means being proactive and identifying any evidence that your co-parent may be attempting to remove your child from the country. For instance, are you aware of any planning activities that your co-parent has been engaging in? That could mean planning an itinerary for travel, buying plane tickets, or anything related to the use of your child’s passport.
Keep an eye on your co-parent from a financial perspective. Has he or she closed accounts or moved large sums of money from one account to another? Also, ask questions about his or her employment. If you have become aware that he or she has quit their job recently then this is a good indication that their ties to this country may not be as strong as they once were.
Including language in temporary or final orders regarding your child’s passport is another smart move to make. Being able to have a third party maintain control over your child’s passport may be necessary at this stage. That way neither you nor your co-parent can make decisions unilaterally about travel. This is a smart decision even before international abduction becomes a concern of yours. If you or your co-parent have family and strong ties to other countries think long and hard about including passport provisions in your court orders.
Final thoughts on international child abduction
The last thing you want is to be caught flat-footed when it comes to an intimidating situation such as international child abduction. For that reason, beginning to think about the situation before it becomes a problem is essential. Thank you for joining us on the blog for the Law Office of Bryan Fagan. Our experienced family law attorneys post unique and informative blogs every day.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
