need help with the law removal of a child from jurisdiction?

Answer 1

One of the most difficult and frustrating elements of the law is that court orders that are recognized in EEA states are not directly enforceable in other countries, such as the USA. This is one of the most difficult and frustrating elements for a parent of a child abducted abroad.

At the Hague Conference on Private International Law in 1976, 23 nations agreed to draft a treaty to deter international child abduction. The Convention was incorporated into U.S. law and came into force for the United States on July 1, 1988. As of July 2001, the Convention is in force between the United States and nearly 60 other countries including all EEA States.

The Convention provides a legal mechanism for you to seek return of your child or exercise your visitation rights. You do not need to have a custody order or decree to use the Convention. However, to apply for the return of your child, you must have had and been actually exercising a"right of custody" at the time of the abduction, and you must not have given permission for the child to be removed or, in the case of a retention, to be retained beyond a specified, agreed-upon period of time. The Convention defines"rights of custody" as including"rights relating to the care of the person of the child and, in particular, the right to determine the child''s place of residence." This right need not be sole custody. If there was no court order in effect at the date of the abduction, these"rights of custody" may be established by the law in the country in which your child was living before his or her removal.

The Hague Convention on International Child Abduction has improved the likelihood and speed of return of abducted or wrongfully retained children from countries that are party to the Convention and an application is now quite straight forward.

Answer 2

Though your question doesn't specifically state what your attempting to do...you may wish to refer to the below website which is the general law used by the states when dealing with children and custody issues.

It also deals with the issues involving jurisdiction over the child.

The website will have your particular state concerning it's part within the Uniform Child Jurisdictional Act and have the information you seek.

If the website doesn't provide you the answers you're looking for...feel free to email me.

Best wishes.

Answer 3

see a very good solicitor. There are so many things to take in to account.