Reliable Answers From A Highly Qualified Attorney In Miami
Last updated on February 19, 2025
International family law is complicated and usually involves more than one set of laws and regulations. The attorney at The Law Offices of Lawrence S. Katz, P.A., believes that an informed client is an empowered client. He is committed to giving you the information you need to make the best decisions for your family. Below are answers to some of the most frequently asked questions in international family law:
- Why do I need an international family law attorney?
- How does divorce affect cross-cultural families?
- Is my foreign decree valid in the United States?
- What if my spouse flees with our child to another country?
Why do I need an international family law attorney?
International family law issues are complicated by the variations and interplay of the cultures, laws, treaties, agencies and courts involved. Family lawyers who do not regularly handle international cases generally have little knowledge of these factors. The lawyer at The Law Offices of Lawrence S. Katz, P.A., has a broad range of experience across cultures, and he is familiar with different legal systems around the world. He frequently receives referrals for international family law cases from other attorneys and judges.
How does divorce affect cross-cultural families?
Traditions and beliefs vary greatly among cultures worldwide. Besides the stigma of divorce in some cultures, parties may also have to deal with immigration and international relocation issues. Attorney Lawrence has a broad range of experience helping families deal with cross-cultural issues and a network of connections to further assist him.
Is my foreign decree valid in the United States?
The Uniform Child Custody Jurisdiction and Enforcement Act allows for the registration and enforcement of foreign custody decrees in U.S. courts. You must comply with the procedures in the UCCJEA to have the decree recognized and enforced. The international custody attorney at The Law Offices of Lawrence S. Katz, P.A., can help you get your foreign decree registered and enforced in the United States.
What if my spouse flees with our child to another country?
You may petition to invoke the protection of the Hague Abduction Convention if the other parent wrongfully removed or retained your child in violation of your rights of custody. When the Hague Abduction Convention does not apply, the International Parental Kidnapping Crime Act makes it a federal criminal offense for a parent to wrongfully remove or retain a child outside U.S. borders with the intent to obstruct the left-behind parent’s custodial rights. The firm’s experienced international child abduction attorney, Lawrence S. Katz, has mentored, consulted or been counsel of record in more than 400 Hague Abduction Convention and child abduction cases. He has successfully returned hundreds of children to their habitual residence and the left-behind parent or custodian. Mr. Katz was the first, and in the majority of cases, the only U.S. attorney to recover children from Turkey, (non-Hague) Iran, Saudi Arabia and Japan and to return children to Haiti, Jamaica, the Bahamas, Russia, Trinidad and Tobago.
What is the Hague Convention?
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty designed to protect children from international abduction by a parent. For participating countries, it establishes legal procedures for the prompt return of abducted children to their country of habitual residence and helps ensure that custody decisions are made in the appropriate jurisdiction.
This treaty applies when a child is wrongfully taken to or retained in a foreign country by one parent without the consent of the other parent who has custody rights. The Hague Convention provides a framework for cooperation between signatory countries, allowing for a more efficient legal process in returning abducted children.
What is the process for having a child returned from a country that participates in the Hague Convention?
If your child has been wrongfully taken to or retained in a country that participates in the Hague Convention, you can initiate legal proceedings for their return. The process generally includes the following steps:
- File a Hague application
- Review and acceptance
- Court proceedings
- Decision and enforcement
An experienced international family law attorney can guide you through the process and advocate for your child’s return.
Is there anything that can be done to return a child from a country that does not participate in the Hague Convention?
If your child has been taken to a country that does not participate in the Hague Convention, legal options become more challenging but not impossible. Steps you can take include:
- Consult an international family law attorney: Experienced attorneys can explore diplomatic or legal avenues available in the country where your child is located.
- Engage the U.S. Department of State : The Office of Children’s Issues provides assistance in cases of international parental child abduction.
- File for custody and enforcement: Some non-Hague countries may recognize U.S. custody orders or have bilateral agreements allowing legal remedies.
- Work with local legal authorities: Retaining a lawyer in the country where your child is located may help enforce a court order or navigate that country’s legal system.
- Explore diplomatic channels: In some cases, working with embassies or government officials may facilitate negotiations for the child’s return.
Because legal proceedings in non-Hague countries vary significantly, working with a knowledgeable international family law attorney is critical.
What are the eligibility requirements for filing under the Hague Convention?
To successfully file a petition under the Hague Convention, you must meet the following criteria:
- Child’s age: The child must be under 16 years old at the time of the filing. The Hague Convention does not apply once a child turns 16.
- Habitual residence: You must prove that the child was a habitual resident of the U.S. (or another participating country) before being wrongfully taken or retained.
- Wrongful removal or retention: The taking parent must have violated the custody rights of the left-behind parent as established by U.S. law or a valid custody agreement.
- Country participation: The country where the child is being held must be a Hague Convention signatory and must have accepted the treaty with the U.S.
If your case meets these requirements, you may be eligible to file a petition for your child’s return under the Hague Convention.
What characteristics should you look for in an international family law attorney?
When choosing an attorney, consider the following characteristics:
- Experience with international cases: International family law is highly complex, and working with an attorney who regularly handles cross-border custody, divorce and abduction cases is essential.
- Familiarity with foreign laws and treaties: The attorney should have experience navigating the Hague Convention and international custody enforcement laws.
- Strong negotiation skills: Some cases require diplomatic discussions or out-of-court resolutions, making negotiation skills a critical asset.
- Litigation experience: If a case goes to court, the attorney must have the ability to aggressively advocate in domestic and international legal proceedings.
- Access to a global legal network: An attorney with connections to foreign legal professionals can streamline the process and improve the chances of a successful outcome.
Selecting a lawyer with these qualities can significantly impact the success of your case.
What information should you collect before speaking with an international family lawyer?
When preparing to consult with an international family lawyer, gathering key information in advance can help streamline the legal process. Essential documents and details to provide include:
- Custody agreements or court orders: Any existing legal agreements outlining custody arrangements or parental rights.
- Child’s passport and birth certificate: Proof of identity and citizenship for both you and your child.
- Travel history: Records of travel dates, visa applications and any relevant correspondence regarding international trips.
- Communication records: Emails, texts or social media messages that show discussions with the other parent about custody or travel.
- Contact details for foreign authorities: If you have already engaged with foreign legal professionals or government agencies, share their contact information.
- Proof of wrongful removal or retention: Any evidence that supports your claim, such as witness statements, school records or documentation showing the child’s habitual residence.
Providing this information early allows your attorney to assess your case thoroughly and develop the best legal strategy.
Depend On The Extensive Experience In Complex International Family Law
The firm’s international family law attorney has been peer-review rated AV Preeminent* through Martindale-Hubbell since 1976. He has the experience to handle even the most complicated international family law issues. Call him today at 305-670-8656 or contact him online to schedule a consultation to discuss your case.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.