Home -> Law Blog Directory -> Family Law Blogs -> Pennsylvania Family Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Family Law
: Pennsylvania Family LawInternational Custody Disputes and the Hague Conventions
By Fox Rothschild
In cases where one parent has removed a child from one country to another country to prevent the other parent from exercising custody, the Hague Convention and the Uniform Child Custody Jurisdiction Act (“UCCJA”) govern international custody disputes so long as the countries involved are signatories to the Hague Convention. The Hague Convention prevents a parent from wrongfully removing or retaining child from his or her “home country” to prevent the other parent from exercising custody. When a parent (the “respondent”) has wrongfully removed a child and crossed international borders, the other parent (the “petitioner”) may file an application for the child to be returned to the child’s home country under the Hague Convention. The petitioner’s Hague application is solely related to the jurisdiction of the custody case. The court will not look at the best interests of the child to determine if the child should be returned.
A quick overview of a Hague case follows: to prevail on his or her application, the petitioner must establish the date the removal took place, that prior to removal the child was “habitually resident” in the petitioner’s home country, that the child’s removal/retention breached the petitioner’s custody rights, and that the petitioner was actually exercising custody when the child was wrongfully removed/retained.
If the petitioner establishes his or her prima facie case, then the respondent has the burden of proof to rebut the petitioner’s prima facie case or establish a defense. Rhe defenses include the “well settled defense” (which does not apply if the Hague application is filed within one year of the wrongful removal/retention), that the petitioner consented to or acquiesced in the child’s removal or retention, that a “grave risk” of harm or “intolerable situation” exists if the child was returned, the mature child’s objection to the return, or that the child’s return would violate public policy.
If the petitioner establishes his or her prima facie case, and the respondent fails to rebut the petitioner’s prima facie case or establish a defense exists, the child must be returned to his or her home country.
Full post as published by Pennsylvania Family Law on June 21, 2008 (boomark / email).
Child Support Orders
How to modify terms
Dumb Foreign Laws
Stupid Laws of Other Countries
Employment
Employee rights including labor law, harassment, safety, unpaid overtime, discrimination and union disputes.
Family Law
involving divorce, child custody, spousal support, common law, adoption and same sex marriage.
Immigrant Sedation
US Government awards two detainees $55,000 settlement after drugging them while in custody.
Sheriff Interfered With Custody Battle
Greene County to pay $85,000 settlement in trespassing lawsuit.
AT&T International Roaming Charges, AT&T lawsuit
AT&T Faces International Roaming Charges Lawsuit
Preliminary Settlement Reached With Soleus International
Soleus International Reaches Preliminary Settlement of Class Action

CA1: an international custody battle, with a 14th amendment argument
International Adoptions And Hague Convention Countries
International Family Law Resource
The International Court of Justice (ICJ) Turns 60
Interesting Case at the Confluence of Choice of Law, Comity and the Hague Abduction Convention








