Serious problems arise when parental abduction results in moving a child across an international border. The laws of the countries are different, and a foreign child custody order may not be recognized. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty and legal mechanism to recover children abducted to another country by one parent or family member that has been in place since 1993.
A child is most vulnerable when the parents' relationship is broken or troubled; the other parent has close ties to another country; and the other country has traditions or laws that may be prejudicial based on gender or citizenship. As the old adage goes, “an ounce of prevention is worth a pound of cure.” Keep a list of the addresses and telephone numbers of the other parent's relatives, friends, and business associates both here and abroad, including these numbers: passport, social security, bank account, driver's license and registration.
Under the laws of many American states and many foreign countries, if there is no decree of custody prior to abduction, both parents are considered to have equal legal custody of their child. You must obtain a decree of sole custody or a decree that prohibits the travel of your child without your permission or that of the court as soon as possible. A well-written custody decree is an important line of defense against international parental child abduction. The custody decree should state that the parties agree that the terms of The Hague Convention apply should an abduction or wrongful retention occur. The court may also require the parent with ties to a foreign country to post a bond. This may be useful both as a deterrent to abduction and, if forfeited because of an abduction, as a source of revenue for you in your efforts to recover your child. Obtain several certified copies of your custody decree from the court that issued it. Give a copy to your child's school and advice school personnel to whom your child may be released.
Ask that your child's name be entered into the State Department's passport name check system. This will enable the Department to notify you or your attorney if an application for a U.S. passport for the child is received anywhere in the United States or at any U.S. embassy or consulate abroad. If you have a court order that either grants you sole custody or prohibits your child from traveling without your permission or the permission of the court, the Department may also refuse to issue a U.S. passport for your child.
Many U.S. children who fall victim to international parental abduction possess dual nationality. While the Department of State will make every effort to avoid issuing a U.S. passport if a parent has provided a binding custody decree, the Department cannot prevent embassies and consulates of other countries in the United States from issuing their passports to children who are also their nationals. You can, request that a foreign embassy or consulate not issue a passport to your child. No international law requires compliance with such requests, but some countries may comply.
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