Protecting Your Children from International Abduction
The Marin Law Firm, P.A. most recently has secured the rights of a parent who was served a Petition For Return of Child to Petitioner who resided in Australia.
The Court found the children's prior Florida residence has not been abandoned and habitual residence in Australia has not been established. The history of this case confirms that the children consider the United States to be their home. Since the children's habitual residence is the United States, the Court will not order their return to Australia.
A common problem of divorced parents with children: there is always a danger of child abduction. When one parent has ties to another country the problem becomes much more serious. If a child is removed from the USA, there may be difficulties retrieving the child.
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty designed to expedite the return of abducted children to their home countries. Once a child is returned, an appropriate court in that country will issue or affirm a child custody order according to the laws of that nation.