Close Window X

PLEASE NOTE: To protect your safety in response to the threats of Covid-19, we are offering prospective and current clients the ability to meet with us digitally and remotely via telephone, email and through video conferencing. Please call our office to discuss your options.

We are open for business and accepting new clients. We will be serving our current clients diligently during the Covid-19 situation.

Rowe Law Offices, P.C.
Call today to schedule a free consultation
610-816-0935 866-232-1913

Assistance for international child abductions

A divorced Pennsylvania parent who is concerned that the other parent will attempt to take their child out of the country in violation of a custody order should be aware of the Hague Convention on the Civil Aspects of International Child Abduction. Over 90 nations, including the United States, have signed on to this treaty, and it allows for legal action to take place between countries to recover abducted children. However, it does have limitations. One is that it may be difficult to locate the child. I

Time is of the essence. Theoretically, a child should be returned immediately under the Hague Convention, but the various systems involved rarely move that quickly. Furthermore, the mandatory immediate return only applies to children who have been gone for less than one year. After a year, it becomes discretionary. There is also a limited amount of time in which to file an appeal.

A petition may be rejected if the child is not a habitual resident of the country where the petition is filed. It is also necessary that the other parent be guilty of "wrongful removal." This is broadly defined and can occur even if there is not yet a custody order if there is no intent to return. However, it is best if a parent obtains a custody order prior to filing a petition.

A parent who is concerned about an international abduction may want to speak to an attorney for help in preventing one. Parents can also require that their approval be given before their child gets a passport.

No Comments

Leave a comment
Comment Information

Have Questions? Get A Free Case Review

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Wyomissing Office
1200 Broadcasting Road
Suite 101
Wyomissing, PA 19610

Toll Free: 866-232-1913
Phone: 570-362-6837
Phone: 610-478-7725
Wyomissing Law Office Map

Lancaster Office
8 N. Queen Street
Suite 1102
Lancaster, PA 17602

Phone: 717-382-8360
Lancaster Law Office Map

Allentown Office
1248 Hamilton Street #201
Allentown, PA 18102

Allentown Law Office Map

Berks or Montgomery counties or the Lehigh Valley: 610-816-0935 Lancaster or York counties: 717-382-8360 Schuylkill County: 570-362-6837 Toll Free: 866-232-1913