New Jersey International Parental Child Abduction Lawyer
All cases of parental child abduction are serious, but ones that occur across international borders are often even more complicated. International parental child abduction occurs when a parent unlawfully takes their child away from their other parent and travels with them overseas.
Enlarging the scope of a parental child abduction by involving another country can make it more difficult to track down the abducting parent and bring the child home safely, though there are multiple resources in place to address situations like these. A parent whose child has been abducted by their ex and brought overseas should contact a New Jersey international parental child abduction lawyer immediately. An experienced legal professional could give a parent peace of mind and do everything in their power to get their child back.
Initial Steps in an International Parental Child Abduction Case
The first step for any parent to take after their child has been abducted, internationally or domestically, is filing a report with the police. For international cases, a parent could also report to the US Department of State. The international child abduction agency within the State Department could explain how to best proceed depending on the particular country the child has been taken to.
The parent should also immediately contact an international parental kidnapping attorney in the area who could assist them in navigating the system, filling out the appropriate forms, determining whether a court order should be filed in the state that the child was abducted from. They can decide if that order should be enforced in the country where the child is currently being kept, or if it should be filed there.
Depending on the country, it can sometimes be better to file there instead of New Jersey, or vice versa. If the country where the child has been taken is a party to The Hague Convention on International Child Abduction, the parent’s legal team would file an application through that convention. A skilled lawyer may also decide to contact an attorney in the other country to communicate these issues to, and they could collaborate to come up with a strategy.
Coordinating a Child’s Return after an International Abduction
As soon as they are aware that their child has been abducted, a parent can officially request their return. Circumstances for requesting a return include not being able to locate the child, contacting the other parent about the child’s whereabouts and not receiving a response or outright refusal from the other parent bring the child home.
If the other parent has indicated they will be returning on a certain date, sometimes the left-behind parent may want to wait to request a return. However, they should still immediately seek legal advice and familiarize themselves with the filing process.
The first thing that a parent will have to prove when filing a request for return is that they are legally the child’s parent. They will also have to show that they have been denied access to the child and that the child was removed from their home state where they had lived for more than six months. A local lawyer who specializes in these cases could help a parent prove all of this information and efficiently file a request.
Child Passport Information
The signatures of both parents are required on a child’s passport in the state. The child as well as both parents must be present to apply for a passport and provide valid ID, and passports for children under the age of 16 are only valid for five years. A birth certificate is required, as are any documents showing the parental relationship, such as a divorce decree.
This level of parental involvement in the process of obtaining a child passport can be beneficial to a parent who fears the international abduction of their child by their ex. A parent who has this concern should not allow for the issuance of a passport for their child if they do not already have one and should safeguard their current passport if necessary. Taking these precautions could prevent the other parent from being able to take the child out of the country. A nearby attorney could offer similar measures that could reduce the risk of an international parental kidnapping.
Consult a New Jersey International Parental Child Abduction Attorney for Help
An international abduction is an incredibly overwhelming experience for any parent to endure, and it could be difficult for someone to know how to start the complex process of getting their child back. A New Jersey lawyer could guide you through the necessary steps of reuniting with your child and give you valuable advice and peace of mind throughout the process. If you are facing this situation, call today to schedule a consultation with a compassionate attorney and learn more about your options.