Contact us today, We can help
Main Menu
Exclusive Focus In Family Law for Over 10 Years

How does the court handle child custody in abduction situations?

Not all Colorado divorces are easy and child custody is one of the most fundamental areas in which there can be an ongoing and contentious dispute. For some, there is a very real concern that abduction or international abduction can take place. Once a child is taken out of the country and the parent who committed the abduction is legally allowed to remain in that country, it can be difficult for the other parent to get the child back in a short period of time, if at all. The courts will make certain considerations under the law as to whether abduction is possible and take steps to prevent it.

The court will take the following into account: if there were prior abductions or attempted abductions; if there were threats to abduct the child; if there were actions that indicate the possibility such as leaving a job, selling a home, ending a lease, closing bank accounts, and renewing a passport; if there were domestic violence incidents in the past; if there was a child custody order and it was not followed; or if there are ties to another country or state.

Regarding other countries, a parent contemplating an international abduction might take the child to a country that does not adhere to the Hague Convention regarding international child abduction with no extradition of the parent or returning of the child. There are multiple aspects to international abduction laws that the court will consider like whether there is a compliance to reports from the United States, or there is legal recourse if there is an international abduction.

When there is a hearing on these matters, the court will weigh evidence that there is a chance that the child is in imminent danger of being abducted and will seek to avoid that eventuality. For couples who are in the middle of this type of dispute, it is essential to have legal assistance. A law firm that is experienced in all areas of child custody can help before the divorce process starts to prevent a parent from abducting the child or assist during the case. Calling for legal help, especially in these circumstances, is imperative and should be done without delay.

No Comments

Leave a comment
Comment Information