I will be speaking at the Florida Bar Family Law Section and AAML’s, Marital & Family Law Review Course in Orlando on Friday, January 26th. I will be discussing interstate child custody, interstate family support, and The Hague Convention on international child abductions.
Parents move from state to state for various reasons. It is a matter I have often written about . Whether children are moved by parents wrongfully or not, moving creates interstate custody and child support and spousal support problems. The Uniform Child Custody Jurisdiction and Enforcement Act, and The Hague Convention on Child Abduction, can work together in those cases.
International Child Abductions
You should become familiar with the Convention on the Civil Aspects of International Child Abduction, also known as The Hague Convention. This international treaty exists to protect children from international abductions by requiring the prompt return to their habitual residence.
The Hague Convention applies only in jurisdictions that have signed the convention, and its reach is limited to children ages 16 and under. Essentially, The Hague Convention helps families more quickly revert back to the “status quo” child custody arrangement before an unlawful child abduction.
If your ex has taken your children out of the country against your will, the Hague Convention can help you get them back.
Interstate Family Support
The Uniform Interstate Family Support Act is one of the uniform acts drafted by the Uniform Law Commission. First developed in 1992, the UIFSA resolves interstate jurisdictional disputes about which states can properly establish and modify child support and spousal support orders.
The UIFSA also controls the issue of enforcement of family support obligations within the United States.
In 1996, Congress passed the Personal Responsibility and Work Opportunity Act, which required all U.S. states adopt UIFSA, or face loss of federal funding for child support enforcement.
Every U.S. state has adopted some version of UIFSA to resolve interstate disputes about support.
It is a privilege to be asked to address interstate custody and international child abductions at the annual Family Law Board Certification Seminar again.
The annual seminar is the largest, and most prestigious advanced family law course in the state. Last year’s audience included over 1,600 attorneys and judges from around the state.
The review course is co-presented by the Family Law Section of The Florida Bar, and the American Academy of Matrimonial Lawyers.
More information is available here.