Kidnapping & International Child Custody Litigation
We are a nation built by many generations of immigrants. The original newcomers emigrated to New York to pursue higher education and pursue the American dream, get married and have children here. Then they leave, with or without the spouse, and the children ? which is where divorce and child custody statutes come in.
As a New York divorce lawyer with more than 40 years of experience, I know how to unravel the often-confusing legal verbiage and help you to achieve your child custody goals.
I am family law attorney Robert G. Smith. The law firm I founded, Robert G. Smith, PLLC, in New York City, is fully prepared to assist with any problem related to international child custody and parents who spirit children overseas in violation of the law.
Here is a sampling of legal concepts and organizations that aid in this effort:
- Habeas corpus, or “produce the body” in Latin, and available for use in New York child custody and visitation litigations. Writs of habeas corpus can be deployed in situations when a child is being unlawfully detained.
- The Hague Convention, pertaining to the civil aspects of international child abduction, is a treaty whose signatory countries have approved of methods to return children who are wrongfully taken to another country.
- UIFSA, the Uniform Interstate Family Support Act, a uniform act adopted by every state to address child support enforcement, and the jurisdiction to modify child support orders.
- UCCJEA, the Uniform Child Custody Jurisdiction and Enforcement Act, sets forth rules that determine locations for child custody litigation. If a parent takes a child to another state without a co-parent’s permission, action must be taken within six months of the departure, or litigation will occur outside of New York state.
- PKPA, the Parental Kidnapping Prevention Act, a federal law that protects New York parents and children against adverse determinations by other states on the subjects of child custody and visitation.