People from around the world settle in California and specifically San Diego for many reasons, for example, our beautiful weather, or to work in the booming biotech industry. When they arrive, they marry, have children and become an integral part of the diverse San Diego community. While oftentimes people plan on staying permanently, sometimes they decide to return home. What happens when your divorced spouse wants to move with your child overseas?
For example, actress, Kelly Rutherford, is involved in a very contentious international custody dispute. After an initial joint custody award, her ex-husband gained custody of their children when his visa required him to return to Monaco. The ability of a parent to move with a child out of state or even out of the country can be very contentious. One parent’s relationship with the child will be irrevocably changed. While the determination of a move-away case can be extremely complex and fact specific, as with all matters involving children, the court relies on what it believes are in your children’s best interests before issuing a ruling.
However, if one parent moves without permission from the court, you may have recourse if your spouse moved to a country that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”). The Hague Convention gives parents recourse if the moving parent has taken a child without permission, or sometimes if they are in non-compliance with a custody and visitation order. The Hague Convention attempts to return the custodial arrangement to the status quo before the abduction and it gives a framework for different jurisdictions with different laws to work together for the benefit of the child. The issues surrounding the Hague Convention are complex and require diligence to ensure the best outcome for your child.
The attorneys at The Law Offices of Nancy Bickford are experienced in dealing with complex custody disputes when one parent wants to move. Please contact us if you are involved in an international move away dispute or have questions regarding child custody and visitation. Nancy J. Bickford is the only lawyer in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.