Frequently Asked Questions about Legal Action in Other Countries

A Child Custody Attorney answers:

Note: These answers are for general information and not intended as legal advice. If you have specific questions or need help, you are urged to contact a child custody attorney.

My ex-husband has abducted my son and taken him to France. My divorce decree gives me custody. How do I get my son returned to me?

Many governments have signed what is called the Hague Convention on Child Abduction where they agree to cooperate about the return of children to their home country. French authorities will help return the child once it is established with them that you are the proper custodial parent. A lawyer skilled at dealing with foreign countries can assist you with this.

I have custody of my son. I have gotten a good job offer in Germany and want to take it. But my divorce decree says that I cannot leave the state of New York. What do I do?

Your first step is to discuss it with the boy's father. He may agree to change the divorce decree to allow you to do this. Otherwise you will to apply to the court for a modification of your divorce decree. You may succeed if you can persuade the judge that it is in the best interests of the child. The father however may file for a change of custody based on this change of circumstance and win if the judge believes it would be best for the boy to stay with the father in the United States.

My wife is in the military and has my son where she is stationed in Japan. I left the military and am now living in New York. I want to have custody. Where do I do it?

The court where a child resides has jurisdiction over custody. Since he is living in Japan, the matter would need to be resolved in a Japanese court.

If you have any further questions not answered you are invited to contact us, the Law Offices of Brian D. Perskin, an international child custody law firm. We would be pleased to help you.

Contact a child custody lawyer at the firm with any questions now answered in the frequently asked questions about legal action in other countries