International child custody cases complex for government, parents

Wisconsin residents may have noticed several international child custody cases in the news lately, including one high-profile case involving a New Hampshire woman facing charges for illegally taking her 8-year-old daughter to Central America more than 10 years ago. These cases underscore the complex issues facing parents and governments when dealing with international custody fights.

According to the U.S. State Department, at least 8,000 American children were kidnapped and taken to another country by a parent between 2008 and 2013. Currently, the United States and 92 other countries have signed a treaty which was designed to protect children from international parental kidnapping and to facilitate their safe return to their native country. However, only 50 percent of American children who are abducted to a signatory country are ever returned to the U.S.

There are a few reasons for the low recovery numbers. One reason, which happened in the New Hampshire case, is that authorities cannot confirm the actual location of the abducted child. Another reason is that some governments that signed the treaty have been reluctant to push for its meaningful enactment in their countries. The logistics of traveling back and forth for court hearings can be financially difficult for parents as well.

In 2014, President Obama signed a law that attempts to prevent the international abduction of children by a parent. The legislation requires the State Department to issue an annual report naming each country that received an abducted U.S. child. The law also sets a time schedule of actions the government can take to ensure a child’s return to the United States.

Any parent who is faced with a child custody dispute may benefit by consulting with a family law attorney. Legal counsel could help negotiate parenting plans and visitation schedules that are in the best interests of the client’s child.

Source: ABC News, “Complex Challenges Posed in International Child Abductions,” Rik Stevens, May 10, 2015