Nearly 1,500 children are abducted from the United States each year by a parent to another country. Often, this occurs during or after custody disputes. When a separation involves parents living in different countries, figuring out where the child should live becomes more than just a family disagreement. It becomes a legal matter that crosses borders, languages, and laws.
If you’re in New Orleans and dealing with a child custody issue involving another country, this guide explains what you need to know, which laws apply, and how to protect your rights and your child’s well-being.
What Is an International Child Custody Dispute?
An international child custody dispute happens when parents in different countries disagree about where their child should live, who should have custody, or whether the child can travel internationally. These cases often come up when:
- One parent lives abroad and wants custody or visitation rights
- One parent takes the child to another country without permission
- Parents disagree about which country’s court should decide custody
In New Orleans, both Louisiana state law and international treaties like the Hague Convention apply to international custody cases. Understanding the basics of how this complex process works can help you feel more prepared.
Laws That Govern International Custody Disputes
Resolving international custody cases isn’t just about choosing sides—it’s about following legal rules that aim to protect the child. Here are the most important legal tools used in these disputes.
The Hague Convention on the Civil Aspects of International Child Abduction
This treaty, signed by the United States and over 100 other countries, aims to return children who have been taken from their home country without the other parent’s agreement. It doesn’t decide custody. What it does do is make sure the case is handled in the child’s “habitual residence.”
The Convention allows parents to prove their custodial rights in different ways. A parent can submit a custody order. Or, in some cases, they can submit proof of custodial rights according to the laws of the child’s habitual residence. — U.S. Department of State
To use the Hague Convention, both countries involved must be part of the treaty. Recovering your child may require local legal action abroad if the other country is not a member.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA also governs child custody in Louisiana. This law helps courts determine which state or country has the authority to decide about a child. Usually, it’s the place where the child has lived for the last six months. The goal is to avoid conflicting court orders from different locations.
Louisiana Family Law
Louisiana follows the “best interest of the child” rule. Local courts consider the child’s safety, health, emotional needs, school stability, and each parent’s ability to care for them when making custody decisions. If international laws apply, Louisiana courts work alongside those rules while still prioritizing the child’s well-being.
Challenges in International Custody Cases
International custody disputes bring unique problems that don’t show up in typical family law cases. Some of these problems include:
Deciding Which Court Has Authority
Deciding which court should handle the case becomes difficult if both parents file for custody in their own countries. Courts usually rely on the concept of “habitual residence,” but this can be disputed if the child has moved recently.
Enforcing a Custody Order Across Borders
Even if a Louisiana court gives you custody, it might be hard to make another country follow that order. Not all countries respect U.S. custody rulings. Enforcement could take much longer (and cost more) if the government isn’t part of the Hague Convention.
Cultural and Legal Differences
Family law isn’t the same everywhere. Some countries may favor mothers. Others may require both parents to be of the same religion. These differences can affect how custody is decided and whether you’re treated fairly.
What to Do If You’re Facing an International Custody Dispute
If your child is taken overseas without your permission—or if you fear it might happen—taking quick and careful steps is key.
Talk to a Family Law Attorney Who Handles International Cases
International custody cases are complicated. A local lawyer with experience in international family law can help you understand your rights, file the proper paperwork, and deal with courts in different countries. Having the appropriate guidance early can save you time, stress, and money.
Gather and Organize Custody Documents
Make sure you have all legal documents related to custody and travel permissions. An explicit agreement that includes terms for travel, visitation, and relocation is beneficial if a dispute arises.
Learn About Relevant Laws and Treaties
Understanding which laws apply to your situation will help you make wise choices. If your child has dual citizenship, additional legal steps may be needed to resolve the matter in both countries.
Critical Insights and Legal Updates
A child’s ‘habitual residence’ under the Hague Convention should be determined based on the totality of the circumstances specific to the case. — Monasky v. Taglieri, 140 S.Ct. 719 (2020)
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes. — Standard Legal Disclaimer
Common Steps in an International Custody Case
Here’s what typically happens in these cases, step by step:
| Step | What Happens |
| Step 1: Hire an Attorney | Work with a family law attorney who has handled international cases before. |
| Step 2: Determine Jurisdiction | Figure out which country’s court can make custody decisions. |
| Step 3: File Legal Petitions | Submit the proper documents in court. This may include a petition under the Hague Convention. |
| Step 4: Attend Hearings | Present evidence, witnesses, and proof of custody rights in court. |
| Step 5: Enforce the Order | Work with the courts and possibly international agencies to enforce the final custody order. |
Frequently Asked Questions
What is the Hague Convention, and why does it matter?
The Hague Convention helps return children who have been taken across borders without permission. It ensures custody is decided in the child’s regular country of living, not in the country they were taken to.
Can I stop the other parent from taking my child out of the country?
Yes. You can request a court order that restricts travel or ask the court to hold onto the child’s passport. Courts take these requests seriously when there’s a risk of abduction.
How do Louisiana courts decide custody in international cases?
Louisiana courts apply the UCCJEA and state family law. They’ll consider where the child has lived recently, their needs, and whether international laws or treaties apply.
What if the other country doesn’t follow U.S. court decisions?
You may need to file legal documents in that country or work with a lawyer who understands the local system. Enforcing your rights is more complicated but not impossible.
What should I do if my child was taken overseas without my permission?
Act quickly. Contact an international custody attorney and the U.S. State Department’s Office of Children’s Issues. If the country is part of the Hague Convention, you can request the child’s return.
https://www.justice.gov/criminal-ceos/international-parental-kidnapping
Can my custody order include rules about international travel?
Yes. Courts can include specific travel rules in custody orders, such as the need for written consent from both parents before leaving the country.
Final Thoughts and What You Can Do Next
International child custody disputes are legally challenging and deeply emotional. These cases involve not just your relationship with your child but also your ability to protect them from harm, confusion, or instability. The legal process may feel long, but it exists to help your child stay safe and secure.
Whether you’re trying to prevent international abduction or seeking to enforce a custody order from New Orleans in another country, having a clear plan and strong legal support is essential.
At Stephenson, Chavarri & Dawson L.L.C., our team has experience with international custody cases and understands both Louisiana family law and global treaties like the Hague Convention. We can help you navigate each step of this process with care and professionalism.
Schedule a free consultation today to learn how we can help protect your child and your rights.
