Mississippi Child Custody Attorney Discusses International Custody Disputes

In today’s increasingly mobile society, it is not unusual for families to be created by parents who are from different countries. Children can benefit from having a culturally diverse family, and they may also have opportunities to travel frequently, in order to visit with family members in different countries. Unfortunately, when parents part ways, the international aspect of a family can really complicate matters. Depending upon each parent’s citizenship status and a number of other factors, navigating custody and visitation can become a difficult task, complete with the possibility of losing contact with and even custody of their children.

Kelly Rutherford was involved in an international child custody nightmare that appears to be headed towards a positive resolution. If everything proceeds as it should, her children will soon be returning to America to live with her. When she and her husband initially divorced, they had a shared custody agreement. In 2012, he was deported, and a California judge ruled that the joint custody agreement would continue, and that children would move to Europe with him because he is barred him from visiting them in America. The children went to Europe to live with him, and Rutherford reports that he has violated the custody agreement on multiple occasions.

The 2012 court order required Rutherford to travel overseas to see her children, which she has tried to do without much success due to her former husband’s actions. She has encountered a costly legal battle while resulted in bankruptcy as she fought to get the 2012 court decision overturned, and it has finally happened. A judge in California recently ruled that the children, now ages five and eight, are to be returned to America, where they were born and where they have citizenship. Since the children are currently located in Monaco, their arrival back in the United States depends upon Monaco’s recognizing and respecting the California court’s ruling.

Kelly Rutherford’s situation serves as an example of the types of issues that families must deal with when their child custody case has an international dimension to it. Deportation is an issue for many people who are visiting the United States on visas which later expire, or who divorce after having obtained a visa through marriage. While there are laws, such as the Hague Convention, that are designed to protect children in international custody cases from abduction, not all nations participate in the treaty. Even in nations that recognize the treaty, if a court order exists to justify the removal of a child from one place and moving them to another, that is not considered abduction and is not covered by the protections of the treaty.

International child custody cases can be complex and concerning for everyone involved. International travel is expensive, and problems with documentation can create situations which unfair to both parents and children. A Mississippi Child Custody Attorney is a trusted ally that you can count on to explain your options so that you make the best decision for your family. Call Mississippi Child Custody Attorney Matthew S. Poole today, at (601) 573-7429.

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Mississippi Child Custody Attorney Discusses International Custody Disputes
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Mississippi Child Custody Attorney discusses international custody disputes.

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