There has been a growing trend towards international marriages where the spouses are from different countries or nationalities. This has been yet another hallmark of this era of globalization. Consequently there have been incidents of marital discord, divorces, disputes over the child’s custody and much more. Therefore, there is a standard international family law which governs all these aspects related to matters of international divorces. The family law attorney specializing in international family law can devise some tips to the parent to make sure that the other parent does not take away the child to his/her own native country:

1. Proof of dangers of visitation: You must bring hard evidence in front of the court which establishes without doubt that the proposed visitation is a real risk and there is a real possibility that the child may not come back.

2. Evidence to show that the other parent will not return the child: One of the ways to do it is to prove that the other parent is having strong emotional connection with the other country, has family based there or he/she has previously tried to take away the child to that country or has threatened to abduct the child. There are other points which can be brought to the light to court which can prove that the child can be taken away with the intention of not returning back.

3. Expert Testimony requirement: No matter how many true incidents can you quote from your knowledge about the dangerous situation in that country, it will not be entertained by the court. It would be requiring independent and expert testimony for the same which can be arranged by a seasoned child custody lawyer.

4. Take timely steps: You shall not wait till the last moment to get the legal help. Bring your case in court well in time duly represented by a skilled and experienced family law attorney.

5. Hague Convention cannot deliver the goods: If you think that the country where your child is being taken to is a signatory to the Hague convention and that country will enforce the treaty requirements and return the child, then you cannot be farther away from truth. Each country works as per its own legal framework and pace, and it might ages for your child to come back.

So, the best part is to prevent the child from leaving the country. You shall hire an expert family law attorney for the international child custody matters and from preventing your beloved child from being taken away.

In cases of marriage dissolution and other proceedings of the court related to the family law, the issue of the custody of children is very sensitive and bears a high emotional quotient. Unfortunately, the couples who have decided to part ways are not able to reconcile their differences even if child’s life is duly factored in. In these situations, both would like to have the child. But, the opinion of the court and the law in this regard is of primary importance rather than the emotionality of parting couples.

So, what are the basic guiding principles of the child custody law? Many would believe that it is the child’s best interest which shall be the foremost concern. However, that is not the case. The first important thing to consider is that whether the parent is able to act in the best interest of the child. Thereafter, what is the child’s best interest is considered. Also, the courts have upheld that the fundamental right of the parents to keep the custody of the child but its definition has been broadened to include the long term relationship between the child and the non-blood person as well. So, what does that mean actually?

The non-blood person shall come forward while the court proceedings are going on to decide the child custody. At first, he or she would be required to prove that there is a long-term relationship between the child and himself or herself. Secondly, he/she shall prove wrong the presumption that the parents can act in the best interest of the child. And, finally, a judgment is done on the basis of what is in best interest of the child.

As the family law in US has evolved over the years, the term ‘custody’ has been replaced with ‘time schedule’. So, now the focus of the courts is on determining how the child’s time can be divided with each parent. This is essentially based on the child age and the linked physiological and psychological development. This has provided some relief to this otherwise sensitive issue. Child custody lawyers can easily recall cases where violence has taken place and court orders have not been obeyed over the question of residence of child and establishing the contact with the other parent.

The court’s consideration of the best interest of the child is the prime guiding principle even though the parent’s ability to act in his best interest is given precedence in assessing the same.