International Child Custody And The Hague Convention

Child custody disputes are traumatic for both parents and children but any international child custody dispute can be incredibly traumatic and terrifying.  When parents live in separate countries the results of such a dispute are almost always psychologically taxing for one if not both parents. The Hague Convention and the International Child Abduction laws outline clearly as to who gets custody of the child, and what freedoms the parents enjoy in relation to relocating and having their children visit them internationally. Because China and a few additional states did not sign the Hague Convention treaty, cases that involve international child custody disputes can be terrifyingly difficult affairs.

In cases where countries that have not signed the Hague Convention treaty, a parent can do very little to prevent a child from being taken to and removed from that country.  In cases where a child is living with a parent of Chinese nationality, a parent from another country has no legal right to remove their own child from China. The Hague Convention stipulates in a typical case of international child abduction by a parent that a child cannot be removed from the country of his/her habitual residence without approval from both parents.

Child Custody in China 

China and other countries that have not signed the Hague Convention treaty have an underlying problem that relates to the difference between their child custody laws when compared with other countries.  Matters that are considered informal agreements elsewhere are negotiated by the state as an important factor in conflict mediation in China.

The nationality of the child must be considered during cases of international child custody, as well as international child abductions involving China or other countries not associated with the Hague Convention.  In other words, if the child is of Chinese nationality, both parents will be required to solve their custody dispute with local Chinese courts.  The child custody dispute must be settled in his country of habitual residence if the child is of non-Chinese nationality.

It is imperative for parents to consider the laws of those countries of which your spouse is a foreign national before having children. With issues involving international child custody disputes and certain laws regarding these issues, the parents are responsible to understand the implications thereof.

For more information on international child custody and the Hague Convention, make sure you keep checking on the Joselowitz & Andrews Attorneys articles page.

If you require a lawyer that specialises in matters of international child custody, then contact Joselowitz & Andrews Attorneys as soon as possible.