International / Interstate Disputes

In our mobile world, parents and children often move from one state to another or even to other countries. Custody disputes, including cases where one parent takes a child without consent, are much more complicated when the case crosses a state or international border. Enos Family Law has experience in interstate and international custody cases and the laws and treaties that apply to them.

The UCCJEA — Interstate Custody Jurisdiction

Texas, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This uniform state law determines which state's courts have jurisdiction to make and modify child custody determinations. The Act also requires that courts enforce child custody and visitation orders made by courts in other states and countries.

Key principles of the UCCJEA include:

• Jurisdiction generally belongs to the child's "home state" — the state where the child has lived for the six months immediately before the lawsuit is filed.
• A state that properly assumes jurisdiction retains it as long as at least one parent or the child remains connected to that state.
• Courts in other states must enforce valid custody orders even if they disagree with the outcome.
• Emergency jurisdiction may be invoked to protect a child from abuse or abandonment, even if the home state would normally have jurisdiction.

The Hague Convention — International Child Abduction

International child custody cases often involve the Hague Convention on the Civil Aspects of International Child Abduction. This treaty creates a mechanism for the quick return of a child wrongfully taken to another country. Eighty nations have ratified this treaty.

An application for return under the Hague Convention may be made when a child is taken across an international border away from his or her habitual residence without the consent of a parent who has custody rights. The child must be promptly returned to the habitual residence unless the return would create a grave risk of harm to the child.

Most countries in the Middle East and South America have not ratified this treaty, nor have Japan, mainland China, or the Philippines. Cases involving non-signatory countries are significantly more difficult.

Resources for International Abduction Cases

• The U.S. Department of State provides assistance if an American child is taken to another country: travel.state.gov
• The National Center for Missing and Exploited Children can also provide help: missingkids.org