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International custody challenges in high-asset divorces

On Behalf of | May 1, 2024 | Child Custody

Child custody arrangements can be difficult under the best of circumstances. Co-parenting internationally adds another layer of complexity to an already fragile situation. If you’re going through this situation, it is important to know what to do regarding handling international child custody disputes in high-asset divorces.

Understand local laws

New York courts adhere to the Hague Convention on the Civil Aspects of International Child Abduction. It focuses on the wrongful removal or retention of a child from their primary home.

If a child is out of the country during divorce proceedings, it may be necessary to demand their swift return. Courts typically rule on these cases within six weeks to avoid legal and logistical complications.

New York’s Domestic Relations Law (DRL) § 75-d closely aligns with the Hague Convention. High net-worth clients must comply with these laws when considering relocation or travel.

Foreign custody orders in New York

Be aware of the Uniform Child Custody Jurisdiction and Enforcement Act. Under this order, New York courts generally recognize and enforce foreign custody orders. The only real exception is if those orders violate human rights.

Divorces involving international parties must ensure that foreign degrees comply with UCCJEA standards. This often requires a deep dive into foreign laws and how they parallel—or deviate from—New York’s standards.

Establishing international custody and visitation can be complex. You can more easily navigate these waters by seeking legal counsel.

Remember—in all divorce proceedings involving kids, the child’s best interest should come first. With that rule in mind, you can achieve better outcomes in court.

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