Looking forward to speaking about international child custody on a panel with IAFL fellow attorneys: Sarah Hutchinson from England, Elisha D. Roy from the U.S., and Frances Goldsmith from France. We will be discussing international issues arising under the UCCJEA for non-U.S. attorneys.
Hot Child Custody Issues
From the beaches of Sarasota to the Sahara desert, international child custody today is a hot issue – and admittedly a little dry too. The Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA) and The Hague Convention on international child abductions are two well-known laws with international importance which can impact your case.
Parents are increasingly moving from country to country for various reasons. Whether children are moved by parents wrongfully or not, that moving makes international child custody complicated.
The UCCJEA is a uniform state law regarding jurisdiction in child custody cases. It specifies which court should decide a custody case, not how the court should decide the case. The UCCJEA and The Hague Convention on Child Abduction can overlap in certain cases, and the jurisdiction of each law can differ in important ways too.
Florida and almost all U.S. states passed the UCCJEA into law. The most fundamental aspect of the UCCJEA is the approach to the jurisdiction needed to start a case, enforce an existing child custody determination, and modify one. There are also several foreign laws which can interact with your child custody determination.
More information on the IAFL can be found here.