As marriage between citizens of different nations becomes increasingly prevalent, child custody disputes are becoming even more complicated. With the rise in divorce rates internationally, child abduction has become a larger concern. Courts of different countries generally do not enforce rulings of courts in other countries, meaning it is imperative for concerned parents to take necessary precautions.
In 1980, the Hague Convention on the Civil Aspects of International Child Abduction finalized its language. This was negotiated by 69 member Nations of the Hague Conference on Private International Law. Eighty-two nations, including the U.S., which ratified it by a Senate vote in 1988, recognize and enforce the convention. Unfortunately the coverage of the convention is somewhat limited. The conventions main aim is to expedite the return of children under the age of 16 to the country of his or her “habitual residence” if the child was wrongfully removed from that country. Under the Convention removal is unlawful if it is in conflict with the custody rights determined by law or by a court as long as the custody rights were being exercised at the time of the removal or could have been exercised but for the removal.
A country yet to join the child abduction convention is China, making more difficult to resolve situations involving children brought across its border. “The best option for any parent worried their child may be abducted to another country by an ex-spouse is to bring this concern to the attention of the court, says Managing Director Edward Lehman.” Continuing, he adds that “A judge may have the ability to grant an injunction denying a child’s exit. When possible, I believe the best preventative measure is to secure possession of your child’s passport.”
Lehman, Lee & Xu is a prominent Chinese corporate law firm and trademark and patent agency with offices in Beijing, Shanghai, Shenzhen, Hong Kong, Macau and Mongolia. The firm has been recognized as one of the top trademark firms in China by several intellectual property magazines and is managed by Mr. Edward Lehman, a leading expert on corporate law with 20 years of practice experience in Mainland China.
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