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What to know about UCAPA and the Hague Convention

On Behalf of | Nov 27, 2019 | Custody & Visitation

It’s becoming more common for individuals in Indiana and throughout America to get married to people who live in other countries. As a result, it is possible for a parent to share custody with a person who may bring a child to his or her home country. If a dispute occurs, it may be resolved under the terms of the Hague Convention. This agreement aims to get parents who have taken their child out of the country to honor the original terms of a custody order.

It is important to note that the Hague Convention only applies if a nation has signed on to the agreement. Furthermore, it only applies to children who are 16 or younger. Parents are encouraged to learn more about customs in foreign countries that may influence a court’s ruling in a custody case. While separated, parents are encouraged to call, write or otherwise stay in contact with their kids.

Taking such steps may help to maintain or strengthen the relationship between the parent and child. The Uniform Child Abduction Prevention Act may prevent a parent from leaving the country during a custody proceeding. Parents can file a motion outlining why they think their former spouses or partners are a threat to leave the country with their children.

Parents may feel a variety of emotions when it comes to gaining or losing custody of their children. An attorney may help an individual keep his or her emotions in check during a custody or other type of dispute. This may prevent a person from attempting to leave the country with the child or taking other steps that may not be in the best interest of the children. Generally, a child’s best interest is the top priority in a family law case.

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