Robert G. Smith, PLLC

Father fights to bring son home

New York residents may be interested to learn about an international child custody battle that has been going on for the past two years. In 2013, a father in Texas learned that his ex-wife was not returning from Brazil with his son after traveling there for a family wedding. Without the father's knowledge, the mother had enrolled the boy in a new school and been granted full child custody by a Brazilian court.

Since learning what happened to his son, the father has been trying to get the State Department to intervene. According to the man and his attorney, the mother abducted the boy by altering several documents and intentionally concealing his location. A Texas court and a federal court in Brazil both found that the mother had abducted the boy. However, the judge in Brazil said that the boy is well settled and should remain in Brazil regardless of the abduction.

According to the Hague Convention, courts in a child's home country are supposed to rule on custody matters. The Hague Convention also states that children who are taken out of their home country illegally should be returned to their home country as long as there is no risk to their safety. The father's attorney said that enforcement of these laws would require President Obama's direct involvement.

International child custody battles are complicated, especially when they involve countries that are not part of the Hague Convention. If a parent suspects that his or her child has been abducted by the other parent, an attorney may be able to help enforce the existing child custody order.

Source: CBS News, "Dad battles for custody of son, says ex-wife illegally abducted him," Nov. 17, 2015

No Comments

Leave a comment
Comment Information

Get The Help You need

If you would like to talk with me, call my office in Manhattan at 212-499-0940 or contact me online.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us Today

Robert G. Smith, PLLC
950 Third Ave., 11th Floor
New York, NY 10022

Phone: 212-499-0940
Fax: 212-499-9091
New York Law Office Map